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    Posted: 14 Jun 16 at 1:54pm
Originally posted by Presuming Ed

This is worth reading: Race, Training and Event Management The Legal Aspects from the RYA. 


That's indeed worth reading. I note an appeal court judgement including the words
it would be unreasonable to impose on public authorities a duty to protect persons from self-inflicted harm sustained when taking voluntary risks in the face of obvious dangers.


Edited by JimC - 14 Jun 16 at 1:57pm
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Post Options Post Options   Quote Presuming Ed Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 1:52pm
Originally posted by Chris 249

Anyway, here's a pic of what I thought the thread was going to be about;

You and me both. 

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Post Options Post Options   Quote Presuming Ed Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 1:41pm
This is woth reading: "Race, Training and Event Management The Legal Aspects" from the RYA. 

http://www.rya.org.uk/SiteCollectionDocuments/legal/Web%20Documents/Legal%20Leaflets/Clubs/Health%20and%20Safety/RYA%20RACE%20TRAINING%20AND%20EVENT%20MANAGEMENT%20-%20LEGAL%20ASPECTS.pdf



Edited by Presuming Ed - 14 Jun 16 at 1:42pm
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Post Options Post Options   Quote Chris 249 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 12:41pm


Originally posted by blueboy

Originally posted by JimC

My take on the RRS4 thing is that is stands absolutely, but my opinion is legally worthless, as, I suspect, is that of other posters. 


Negotiating and interpreting contracts is part of my day job.

RRS4 is a contract term. When you race you contract with the organising authority and agreeing to abide by RRS is part of the contract. That's been established in court (when one large expensive yacht hit another).

In UK law contract terms that attempt to exclude negligence are unenforceable. So if a club's conduct in running a race were found to be negligent, RRS4 is void.

Negligence, roughly speaking, is falling below a reasonable standard of care. What's reasonable? That's for a court to decide. What's reasonable for ocean racers isn't reasonable for Optimists. What's certain is that RRS4 doesn't absolve clubs of the need to exercise reasonable care in running racing. That's why RORC postponed a Fastnet start for 24 hours.

Sorry if that's unwelcome news. But if a club isn't demonstrably performing risk assessment before running racing, someone is going to have an uncomfortable time if they ever need to defend their conduct in court. 



I normally work in anti-corruption and professional standards roles when anyone can persuade me to sit behind a desk so I'm no contract expert, but Blueboy has nailed it.

While it may seem unfair that contracts cannot exclude negligence, the alternative is worse. Imagine if your council, gas supplier, bus company, airline and other large companies could present you with a contract that had an exclusion clause in small print, when they knew that you had no alternative but to sign it and therefore waive your rights for compensation even if they were negligent.  One only has to roll back to the Victorian era and see what large corporations may do if negligence can be excluded by contract.

Anyway, here's a pic of what I thought the thread was going to be about;



\


Edited by Chris 249 - 14 Jun 16 at 12:47pm
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Post Options Post Options   Quote Chris 249 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 12:35pm
Originally posted by James Bell

Just found another one from Australia:
http://www.thedailysail.com/dinghy/10/25616/laser-sailor-gets-struck-by-lightning

"Gosford sailor Chris Meech is recovering in Gosford Hospital after his Laser dinghy was literally blown apart by a bolt of lightning while he was sailing on Brisbane Waters on Saturday. "

Yes, but Aussie Laser sailors called Chris are superhuman. A normal person would have been reduced to cinders. Not that I'm biased or anything....

Actually, Meechie is a fine bloke and I'm very glad he got out of that OK. Like me, at the end of a masters regatta when he's spent a few days without shaving he looks as if he's been hit by a lightning bolt, so I can understand why the thundercloud chose him.




Edited by Chris 249 - 14 Jun 16 at 12:35pm
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Post Options Post Options   Quote blueboy Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 12:09pm
Originally posted by JimC

My take on the RRS4 thing is that is stands absolutely, but my opinion is legally worthless, as, I suspect, is that of other posters. 


Negotiating and interpreting contracts is part of my day job.

RRS4 is a contract term. When you race you contract with the organising authority and agreeing to abide by RRS is part of the contract. That's been established in court (when one large expensive yacht hit another).

In UK law contract terms that attempt to exclude negligence are unenforceable. So if a club's conduct in running a race were found to be negligent, RRS4 is void.

Negligence, roughly speaking, is falling below a reasonable standard of care. What's reasonable? That's for a court to decide. What's reasonable for ocean racers isn't reasonable for Optimists. What's certain is that RRS4 doesn't absolve clubs of the need to exercise reasonable care in running racing. That's why RORC postponed a Fastnet start for 24 hours.

Sorry if that's unwelcome news. But if a club isn't demonstrably performing risk assessment before running racing, someone is going to have an uncomfortable time if they ever need to defend their conduct in court. 


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Post Options Post Options   Quote James Bell Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 12:02pm
The Met Office advice and fact sheets are good, which I've seen before. 

Yes, that's a little known fact that lightning can strike a miles away from the actual storm, hence the expression 'a bolt from the blue': the sky can appear clear (a few miles from the storm) and lightning can still strike!
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 11:35am
Originally posted by James Bell

Someone once suggested that if there was a thunderstorm directly overhead, you may be better off capsizing the boat (to reduce height) and sitting on the centerboard until the storm has passed. 

I have grave doubts about this.

For something official, suggest we read this.

http://www.metoffice.gov.uk/guide/weather/severe-weather-advice/lightning

or in more detail

http://www.metoffice.gov.uk/media/pdf/i/r/Fact_sheet_No._2.pdf

What I have learned, from doing a bit of reading, is that the danger radius round storms is much wider than I had assumed. It seems that a minority of lightning bolts are from the top of the storm, not the bottom, and these can reach ground over a very wide radius - even some miles from the cloud.

Think I'm going to be much more wary in future.

Edited by JimC - 14 Jun 16 at 11:40am
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Post Options Post Options   Quote iiiiticki Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 10:51am
In my experience up here in the Peaks any thunder and lightning is usually in the company of fearsome wind that requires a certain amount of concentration. It is hard to concentrate in lashing rain and exploding heavens. If I see a big blue black cloud coming over the hill I am in for my tea!
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Post Options Post Options   Quote James Bell Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 16 at 10:48am
Just found another one from Australia:
http://www.thedailysail.com/dinghy/10/25616/laser-sailor-gets-struck-by-lightning

"Gosford sailor Chris Meech is recovering in Gosford Hospital after his Laser dinghy was literally blown apart by a bolt of lightning while he was sailing on Brisbane Waters on Saturday. "
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