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    Posted: 14 Nov 06 at 6:02pm
Originally posted by turnturtle

Originally posted by Guest#260

Solicitors

I know what you mean, just received an invoice from one of the buggers... 40% higher than quoted, sorry 'estimated'.

Just 40% - thats not bad ...
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no didn't want to say that



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Originally posted by combat wombat

Section 6, Unfair Contract Terms Act 1977... exclusion of liability for death and injury as a result of your own negligence is ineffective.

So, there would have to be negligence on the part of the club, and this assumes a duty of care exists.  I'm not sure that a sailing club owes a duty of care to sailors if they choose to go out on the water.  This will depend on if safety cover is provided (if it is, then more likely a duty will exist), and who owns the water (if the sailing club owns it, it is more likely a duty will exist).

I'm fairly confident that a sailing club will only owe a duty of care to sailors on the water if they provide safety cover.  This is different to sailors on land say in the clubhouse where occupiers liability provides for a duty of care. 

Absolutely right!
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Posts: 345 		Post Options Post Options   Quote combat wombat Quote  Post ReplyReply Direct Link To This Post Posted: 14 Nov 06 at 2:34pm

Section 6, Unfair Contract Terms Act 1977... exclusion of liability for death and injury as a result of your own negligence is ineffective.

So, there would have to be negligence on the part of the club, and this assumes a duty of care exists.  I'm not sure that a sailing club owes a duty of care to sailors if they choose to go out on the water.  This will depend on if safety cover is provided (if it is, then more likely a duty will exist), and who owns the water (if the sailing club owns it, it is more likely a duty will exist).

I'm fairly confident that a sailing club will only owe a duty of care to sailors on the water if they provide safety cover.  This is different to sailors on land say in the clubhouse where occupiers liability provides for a duty of care. 



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Posts: 1599 		Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 14 Nov 06 at 12:36pm

Originally posted by jeffers

We do have a rule within the club rules that states that anyone who sails does so entirely at their own risk.

Surely every club should have that?

Yes they should but for moral effect, as it isn't actually enforceable in UK law. You still owe due care no matter what waivers you have got people to sign.

 
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Posts: 3048 		Post Options Post Options   Quote jeffers Quote  Post ReplyReply Direct Link To This Post Posted: 14 Nov 06 at 8:17am
We do have a rule within the club rules that states that anyone who sails does so entirely at their own risk.

Surely every club should have that?
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Clubs and Race Committees in AUS have a duty of care to their club sailors.  If conditions are deemed to be above a safe level (above 22.5 knots sustained for most), then racing is required to be canceled and sailors advised not to go out.  Same goes if their is a forecast change and they must have a very quick means of advising sailors of a change approaching. 

The Bureau of Meteorology and the Cruising Yacht Club of Australia came under a lot of flack after the fatal 1998 Sydney to Hobart race for incorrect forecasts and advising sailors in a timely manner.

Below is an extract from our clubs sailing instroctions

4.4       When the floodlights on the Clubhouse are turned on, it signifies “race abandoned” and all boats are to return to the beach. The floodlight signals are discretionary by Race Officials and are in addition to and do not detract from any normal race abandonment signals.

23        DISCLAIMER OF LIABILITY

Competitors and officials and other KCC members participating in events covered by these sailing instructions or as a consequence of these instructions do so at entirely their own risk. See rule 4, Decision to Race. The organising authority and KCC will not accept any liability for material damage or personal injury or death sustained in conjunction with or prior to, during, or after the events. 

A12.      Wind Limit and Operational Procedures

KCC racing will be abandoned or delayed if the wind is considered to be exceeding 22.5 knots either on average or if there are significant and frequent gusts above this figure. Prior to the Race Briefing conclusion, this decision rests with the Race Secretary. If the Race Secretary is not present, this decision rests with the Assistant Race Secretary. If neither is present, the decision rests with the Officer of the Day. After the Race Briefing, this decision rests with the Race Committee Vessel Boat Captain. Not withstanding this, all Skippers and Crews are reminded of Rule 4 (Decision to Race).  

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Posts: 27 		Post Options Post Options   Quote michel Quote  Post ReplyReply Direct Link To This Post Posted: 13 Nov 06 at 11:13pm

sorry,just reread his post and it was for INSURANCE reasons  that they refer to their SAFETY BOATS  AS patrol boats reasons  

 

                                           why ?       &n bsp;       

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Posts: 27 		Post Options Post Options   Quote michel Quote  Post ReplyReply Direct Link To This Post Posted: 13 Nov 06 at 11:00pm

so combat wombat says that his club uses for legal reasons the term PATROL BOAT. No matter what terminology we use the fact that these boats are out there WITH a bunch of sailors who belong to the same club would strongly indicate that some sort of assistance and cover is being given.

 

 
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