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Rescue Boat Liability?
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    Posted: 14 Nov 06 at 5:32pm
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no didn't want to say that



Edited by foaminatthedeck
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Originally posted by turnturtle

Originally posted by Guest#260

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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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Originally posted by English Dave

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!



I may not be amazing at sailing but I know the law!


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michel View Drop Down
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Posts: 27 		Post Options Post Options   Quote michel Quote  Post ReplyReply Direct Link To This Post Posted: 14 Nov 06 at 7:30pm

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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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.

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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 10:08pm
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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Originally posted by combat wombat

  I'm not sure that a sailing club owes a duty of care to sailors if they choose to go out on the water.  . 

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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Originally posted by Tornado_ALIVE

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.

 

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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