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Sunsail Court Case

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Jamie600 View Drop Down
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Post Options Post Options   Quote Jamie600 Quote  Post ReplyReply Direct Link To This Post Topic: Sunsail Court Case
    Posted: 22 Mar 06 at 12:01pm

http://www.timesonline.co.uk/article/0,,13509-2097873,00.htm l

Anyone seen this? One of the very few cases of death by entrappment, but Sunsail have actually been found guilty of 'gross negligence'.

Something tells me that quick release harnesses might be rushed through a lot quicker than expected, also are we to see a knock-on effect with Sunsail and other such companies placing restritions on who they hire trapeze boats to, or even whether they continue to provide trapeze boats in the light of this ruling?

 

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Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 12:35pm

See also http://www.lrmt.co.uk/Laura_Rose_News/Laura_Rose_Morgan_News _PDF/Sunsail_employees_charged_with_manslaughter.pdf

and http://www.guardian.co.uk/international/story/0,,1736560,00. html

I find it hard to comment from the limited information available. It is noticeable that it was the staff in charge on the day who found themselves in the dock. Typically these are quite lowly paid individuals enjoying a season working in the sun. I wonder what policy guidance they had received from Sunsail? 

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Post Options Post Options   Quote Shingle Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 12:35pm
How tragic, we've all seen kids larking around on boats. 'what if' thoughts often run through my head. Hopefully there won't be any red tape to impact on sailing clubs in this country, as knee-jerk reaction!
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Post Options Post Options   Quote Bruce Starbuck Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 1:00pm
Originally posted by Jamie600

Sunsail have actually been found guilty of 'gross negligence'.

On reading those articles, it seems that only the individuals have been punished. Wouldn't this be a corporate manslaughter case in the UK? Maybe Greek law is different. Anyone know?

 

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CurlyBen View Drop Down
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Post Options Post Options   Quote CurlyBen Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 1:16pm
I heard something about (I presume) this case when I was on a Sunsail holiday a couple of years ago and I was told it was a practically windless day and they had people trapezing out both sides, until one fell off somehow and the boat capsized on top of the other girl who subsequently got tangled up. Not sure whether it was the hook itself that caused the problems in this case. One thing I did notice was they wanted to know why a masthead float wasn't fitted - in my experience this may have slowed things down but isn't likely to prevent inversion. One thing I don't understand is the aversion of some people to carrying knives on boats - I can understand why they may not want to use them, but surely it's better to have the option if it becomes essential?
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Post Options Post Options   Quote KnightMare Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 1:38pm

Yeah that was my main question when I first read it, would  amast head float have helped. I know it would have on a mono hull but I dont know enough about cats to decide.

I do think that sun sail should have taken some of the stick because the empolyees may have been following procedure exactly. (but may not have its very hard ot tell)

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Post Options Post Options   Quote Shingle Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 2:13pm
All the Hobie 14s I've seen in France have mast head floats, so this indicates they've a tendancy to invert. I think you'll find the RYA recomends calling club boats 'support' or 'motorboats' instead of 'Rescue Boat' to avoid potential laws suits. I don't know how Sunsail refer to them.
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Post Options Post Options   Quote hurricane Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 2:18pm

i was on a beach holiday about a month after this happened with a different company and i know they were fitting floatation bags at the top of the halyards on all the cats and bigger boats!

i do wonder what the effects will be on the beach clubs, i do hope it is not the reduction of cats!

lifes to short to sail slow boats!

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Post Options Post Options   Quote Worthy Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 3:06pm
From reading various articles on the issue, it appears to me that the (Greek) law that was broken was that they let under 16s out on a boat unsupervised.
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Post Options Post Options   Quote Bumble Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 06 at 3:13pm

This is an extraordinary case. The hotel staff were found negligent in 'ensuring the girl sailed with adults' implying that this is the Greeks legal president over ensuring suitable ability or rescue cover. I don't doubt the inherent danger involved in watersports was considered by the judge who gave it no mention.

As somebody mentioned, in the UK that would be a 'corporate' responsibility, for which -following the Lyme Bay incident- all operators are insured for (or should I say: insured to cover hysterical parents compensation claims). This insurance is one of the reasons it is more cost effective to do such things in Greece. The ruling might have much to do with the Greek authorities wanting to protect this foreign business interest....... just speculation.

The incident will have no bearing on the UK situation but it is worth remembering, if you like your kids, you wouldn't let them go rock climbing/horse riding (incidentally the statistically dangerous thing you can do)/caving/etc without any proven experience on their own....... so why is sailing any different.

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