Laser 140101 Tynemouth |
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Rossiter Pintail Mortagne sur Gironde, near Bordeaux |
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Laser 28 - Excellent example of this great design Hamble le rice |
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Rescue Boat Liability? |
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far canal ![]() Posting king ![]() ![]() Joined: 01 Feb 06 Location: Micronesia Online Status: Offline Posts: 110 |
![]() ![]() ![]() ![]() Posted: 15 Nov 06 at 10:54am |
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thats what the edit button's for
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English Dave ![]() Really should get out more ![]() ![]() Joined: 10 Aug 06 Location: Northern Ireland Online Status: Offline Posts: 682 |
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Sorry, second paragraph went a bit wrong. If you insert "at BYC" after the "Certainly" bit it makes more sense. |
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English Dave ![]() Really should get out more ![]() ![]() Joined: 10 Aug 06 Location: Northern Ireland Online Status: Offline Posts: 682 |
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I'm not a solicitor - my knowledge of the law comes as an electronic engineer who always mindful of liability. My shoulders are pure teflon, steeply sloped and I am keen to keep them this way. I have a feeling that the RYA or ISAF has something to say about racing. If you are an RYA registered club then there is a stipulation as to the provision of rescue craft for an event. Certainly, at BYC if there are no rescue crews available, racing is cancelled. I beleive that we have to observe a certain ratio of rescue boats to competitors. All our rescue crews are have powerboat tickets, most have safety badges as well. If it isn't an RYA stipulation it will be a condition of our insurance. We are a coastal club facing NE with the prevailing wind offshore so we perhaps are in a different circumstances to others. Dunno. If you launch your dinghy in 40 knots I would question whether any insurer would feel obliged to cough up. Any fool can set to sea. It takes a real sailor to know when to stay ashore.
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ed490 ![]() Newbie ![]() Joined: 17 Jan 05 Location: United Kingdom Online Status: Offline Posts: 34 |
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Who/what is classed as "the club" in this case, and who should be informing the sailors? The race committee? The club committee? The safety boat drivers? As mentioned earlier, surely "the club" includes you, if you are a member.. |
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Tornado_ALIVE ![]() Really should get out more ![]() ![]() Joined: 07 Nov 04 Location: Australia Online Status: Offline Posts: 611 |
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If a sailing club schedules a race, sets the course and start line, then I believe they owe a duty of care to the sailors. If conditions are considered unsafe or forecast likewise, if they do not inform the sailors in a timely manner or postpone the racing, then I believe in AUS they will be deemed to be negligible. If the club advises the sailors of the conditions and a sailor ventures out for a sail (not race as race has been postponed) then the club has fulfilled its responsibility. |
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combat wombat ![]() Far too distracted from work ![]() ![]() Joined: 16 Jan 06 Location: United Kingdom Online Status: Offline Posts: 345 |
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Michel, you are correct. It sounds crazy and indeed it is, but by
not putting rescue out you are not assuming responsibility for anothers
safety.
There is no duty in English Law to rescue, unless you have assumed responsibility for another's safety (ie launching the safety boat). There are plenty of stupid things in English law, like paying compensation to prisoners for removing their methadone, when they are in prison for drug related offences.... but thats a whole other debate and certainly not for this forum ![]() |
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B14 GBR 772
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HinExeter ![]() Newbie ![]() Joined: 17 Oct 06 Location: United Kingdom Online Status: Offline Posts: 10 |
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There is a second point here that has not had much discussion. Jamie600 has come in from playing with a hole in and a scuff on his boat and went straight for an insurance form. Is this how the rest of you go about your sailing, I was under the impression that most sailors would ger the boat fixed by a local chap or get the tool box out. I treat insurance as a last resort for the unlikely BIG problem, as may have happened had the boat ended up on the dam wall. Don't forget the insurers are in this to make money, claim too often and you will pay in the long run. H |
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michel ![]() Newbie ![]() Joined: 30 Sep 06 Location: United Kingdom Online Status: Offline Posts: 27 |
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So we do away with safety boat cover thereby removing duty of care? Cant see that somehow! Nothing can be that simple. Solution...do not put a prefix such as SAFETY on the clubs power boats.They are there as mark laying boats only |
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combat wombat ![]() Far too distracted from work ![]() ![]() Joined: 16 Jan 06 Location: United Kingdom Online Status: Offline Posts: 345 |
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I may not be amazing at sailing but I know the law! ![]() Edited by combat wombat |
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B14 GBR 772
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michel ![]() Newbie ![]() Joined: 30 Sep 06 Location: United Kingdom Online Status: Offline Posts: 27 |
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