Rescue Boat Liability?

Redders, I think if all the clubs suddenly had to decide when it was safe to let people go sailing we would be in all sorts of trouble. I can just see our club trying to tell me I didn't have the experience to take my 49er out in 15 knots because I may capsize then need the "rescue boat" to come and fish me out, or if they put a limit on what wind strength we could sail in (how would a club determine this for each individual?).

Our club has introduced an upper limit for sailing when only windsurfers are allowed out, but this has only been used once since it's introduction, and it was constantly over 40knots then!

People just have to use their own common sense then take responsibility if it goes wrong (IMO)

the obvious answer to this is " what is the purpose of the safety boat?"

the answer surely is to save life and limb  with saving property very much a secondary consideration ... on most  enclosed waters  a boat with either blow ashore  or it's mast head will embed in the bottom  stopping it from moving ... the boat can be recovered at leisure...

in terms of people being allowed to sail or otherwise  if a club cancels racing at a point when  a suitably competent person decides it is too windy *for any* reasonable  competent sailor  then the club has exercised reasonable care , it is still a matter for individuals  to decide if up to that point  if it is too windy *for them* ... no one forces you to go sailing. the obvious exception  being when the activtiy is specifically a training one or one targetted at less experienced sailors , when the caution should kick in earlier - it still doesn't mean it's too windy to sail

i 'm sure many of us have gone blasting in serious wind  either 'overwieght' for the boat, reefed or by using different rigs ( e.g.  pinching the missus or little brothers radial rig)

 

Originally posted by redders Would the reaction to Jamie's post be the same if the "Rescue Boat " had hit his head and not his boat?

(No offence jamie) Yes i should hope so!  Unless the rib driver had red horns growing from his head and full throttled the engine in jamies direction whilst laughing hysterically in a crazy 'im gonna kill him' type way, yes i hope we all would react the same way. 

yes i do/did !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!

Edited by catmandoo

Originally posted by redders Would the reaction to Jamie's post be the same if the "Rescue Boat " had hit his head and not his boat? Surely any organization must take responsibility for the actions of their employees or representatives, as must the individual. If the people operating the club boat have been trained by the club and are deemed to be competent then it could be said that it was an unfortunate incident that should be covered by the club liability insurance. If the people in the club boat were not trained then it could be said that the club was negligent. There could also be questions about why the club allowed Jamie to go afloat in those conditions and if a "red" flag was flown.

Why is it the club's responsibility to decide if their members are competent enough to sail in the given conditions? Who makes the decision? How would a red flag help? If you're contemplating going afloat in 40kts of wind then you're either daft or a competent sailor who doesn't need a flag to tell the conditions. Rescue craft are generally manned on a volunteer basis and are there to help those who get into difficulty, not to enable people to sail outside of their capabilities.