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Rescue Boat Liability? |
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BigFatStan 
Groupie 
Joined: 31 Jan 06 Online Status: Offline Posts: 78 |
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 Topic: Rescue Boat Liability?Posted: 10 Nov 06 at 8:32am |
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The rescue boat is there to save your poor little life, not your boat - he'd have been perfectly justified in pulling you out of the water and letting your boat smash itself to bits on the wall. In fact I bet he wishes he had.
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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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Posted: 10 Nov 06 at 7:57am |
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Starting to sound like a lawer |
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fizzicist
Far too distracted from work 
Joined: 06 Aug 04 Location: United Kingdom Online Status: Offline Posts: 305 |
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Posted: 10 Nov 06 at 7:52am |
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I think you're pushing your luck on that one Jamie - If your sail had been cut to ribbons by the prop or something like that then you'd have a case, but a small hole caused by them trying to rescue you is something any sailing club committee will throw out. The club's answer will be along the lines of 'Part of being a good sailor is knowing when not to go out'. You must have big cojones for going out in that wind on Sunday though - I looked out of my bedroom window, considered the fact that Pennine is about 200 foot higher up than home and went back to bed! |
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Not all chemicals are bad. Without chemicals such as hydrogen and
oxygen, for example, there would be no way to make water, a vital ingredient in beer. |
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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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Posted: 10 Nov 06 at 7:52am |
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Your kidding aren't you Jamie You are irresponsible enough to go out in 40 knots and don’t give me ‘the weather changed crap’, and then you put others craft and lives at risk when they have to come out and rescue you. Be a little more appreciative. Buy your rescuers a beer, say thanks, offer to pay for any damage they did to their boat in the process on rescuing you and finally learn from your experience and don’t foolishly put others in a dangerous situation coming out and rescuing you because you f@#ked up. I personaly think your own insurance company should throw out your claim also. In AUS, our insurance company does not cover us in winds exceeding 22.5 sustained. God help us all if you are ever successful with a jack ass claim like that. If they are accountable for any damage that may come out of a rescue, do you think they will make themselves available for the next person.
Edited by Tornado_ALIVE |
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Chris Noble
Really should get out more
Joined: 26 Nov 04 Location: Scotland Online Status: Offline Posts: 710 |
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Posted: 10 Nov 06 at 7:27am |
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I refrain from commenting but if you search for a thread i thnik called "cumbrae's regatta" from around August/Sept. time you will find a fairly heated debate on there.
T minus 70 hours and counting Edited by Chris Noble |
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Competitive Boat Insurance From Noble Marine
FOR SALE: I14 2 Masts 2 poles 3 Booms, Foils Kites/Mains/Jibs too many to list. |
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les5269
Really should get out more
Joined: 11 Oct 05 Location: United Kingdom Online Status: Offline Posts: 1530 |
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Posted: 10 Nov 06 at 7:22am |
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I drive a a rib for our club, and I think all our drivers are told we are there to help people, equipment is a secondary thing. I don't think anyone has ever claimed off the club insurance for damage to their boats etc from a rib. Personally if it was me (seeing it from both sides) if I went out in 40 knots and a rib came and accidently damaged my hull I'd claim off my own insurance and suck it when the premium came through.(and hope they don't ask the wind strength |
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49er 531 & 5000 5025 and a mirror(now gone to mirror heaven)!
Grafham water Sailing Club The greatest inland sailing in the country |
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CT249
Far too distracted from work
Joined: 08 Jul 06 Online Status: Offline Posts: 399 |
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Posted: 10 Nov 06 at 7:17am |
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Rescuers (like a rescue boat) have a modified standard of care. Maritime law also allows for the "agony of the moment" which from memory (my maritime law thesis at uni was some time ago) applies even more strongly to rescuers. Furthermore, if you were that getting close to the dam wall then time to rescue you would have been an issue. Finally, standard of care is modified sometimes by a person's experience. (I think, I haven't worked in torts for a while so I'm getting rusty).
So, off the top of my head and without looking up precedents, the reasonable rescue boat driver may have been justified working quickly; is allowed to make a mistake in the agony of the moment; and may be classed as a rescuer. Off hand you're stuffed. And you deserve to be. Some poor guy spends his weekends looking after you, other poor guys spend their nights doing committee meetings, fund raising, going over the books, manning the canteen to raise funds etc, and you want them to pay because you went out in 40 knots when you can't handle it, AND you failed to stay upright AND you didn't stay well away from the damn wall? (The preceding is not legal advice etc). |
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Stefan Lloyd
Really should get out more
Joined: 03 Aug 04 Online Status: Offline Posts: 1599 |
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Posted: 10 Nov 06 at 6:57am |
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No, you lose them because you decided to go for a sail in 40 knots and needed a rescue boat to get out of the mess you had put yourself into. Take some responsibility for your own actions. If you do make a claim against the rescue boat, your club should expel you.
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CurlyBen
Really should get out more
Joined: 17 Aug 05 Location: Southampton Online Status: Offline Posts: 539 |
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Posted: 09 Nov 06 at 6:02pm |
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But if the rescue boat hadn't been there and you'd hit the wall you'd have far worse damage. Also you say he failed to control his craft correctly.. what can you reasonably expect from someone who in all probability has done PB2 and drives a RIB a handful of times a year? (No offence intended there, but controlling any boat in 40kts of breeze isn't easy). Also the intention of providing the boat is almost certainly for safety of life, not equipment. If you were being blown onto a dam wall he needed to attend to ensure your safety. I agree that as long as he was not negligent he's not at fault.
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RS800 GBR848
Weston SC |
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Andrewst
Posting king 
Joined: 14 Aug 05 Location: United Kingdom Online Status: Offline Posts: 129 |
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Posted: 09 Nov 06 at 5:58pm |
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One of the boats not long ago at our club was hit by the RLNI/Coastguard when they got into trouble. I believe the owners had to claim on their own insurance. As you say above they had a job to do and things could have been a lot worse had they not bothered |
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) I'd be much less likely to go out if I thought the club wouldn't supply cover if it was over a certain breeze (whatever they set say 30 knots!) |
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