Claims against Sailing Clubs

Originally posted by SoggyBadger I've not seen anything in the RRS which obliges the RO to warn people of hazards. The law firmly puts the responsibility for the safety of the vessel on the boat's master (usually the helm in a racing dinghy).

Although interestingly, the rules prevent you from racing with certain safety equipment, such as depth sounders.

I imagine it may come down to whether the course was 'reasonably' navigable. If only one boat out of thirty was damaged by running aground, then it is hard to see that the RO has been neglegent. If all thirty did, that may suggest the course was inappropriate.

It has been blatantly obvious that the increasing aspect ratio of catamaran daggers will lead to more groundings and more damage. But you do have a free choice in whether to use such impractical boards, whether you should raise them, whether you should do the event and whether you even sail such a class. IMHO the F18 class should have done more to limit the length of boards, but that is a sepertae debate.

I accept that anyone turning up at an open meeting has a right to feel 'miffed' if the RO and the race committee screw up but that is not the same thing as being able to sue them. What I fear in this case is that the claims lawyer will put the frighteners on the club, the club will claim on their public liability insurance and the matter will be forgotten about.  The trouble is, you can insure yourself against a monetary claim but not against being put in jail. Let us, perish the thought, assume that the man who was run down by the hovercraft dies. Let us assume further that he is a 'young person under the age of 16'. If the RO is responsible for the safety of all those taking part in the race, notwithstanding the numerous disclaimers that will have been written in the SIs and club handbook, and that he is responsible even if the casualty was not acting particularly sensibly, then volunteering is over. Ther must be some lawyers reading this - what's the answer?

Originally posted by Wetabix the club will claim on their public liability insurance and the matter will be forgotten about

The club's insurers would take the attitude "see you in court". Which would be a good thing as they'd win hands down leaving the original miscreant with the costs against him. Add to that the fact that his identity will undoubtedly become known amongst the fleet and perhaps into the wider sailing community and he'll become unwelcome at any sailing club in the land.

Originally posted by SoggyBadger Originally posted by Wetabix the club will claim on their public liability insurance and the matter will be forgotten about The club's insurers would take the attitude "see you in court". Which would be a good thing as they'd win hands down leaving the original miscreant with the costs against him. Add to that the fact that his identity will undoubtedly become known amongst the fleet and perhaps into the wider sailing community and he'll become unwelcome at any sailing club in the land.

I wish this was the case. In truth there will be an assessment of likely cost of defending. The risk of losing. The chances of actually gaining their costs back. Much more likely in what is probably a low value case is that they will go for the least expensive option. This is usually a no fault payment for a proportion of the value being claimed. They may try the sue me route, but the original post appeared to say it was the legal assistance firm. Most of us tick that box on our insurance cover. I suspect they have also done their maths on this one too.
Certainly that's how the majority of medico legal cases appear to be settled.
What the club needs is firm backing from the RYA about the responsibility of the PRO and the competitor. Witness statements from other competitors regarding grounding would also help. Even so, I have seen perfectly defendable cases go down the no fault route.

Andy

Originally posted by 2547 I think the class association has a role here, they should get written support from all the other competitors and publish that ... If I were a club I would not be keen to host any class that allowed this amongst its ranks.

TBH I think the class association is likely to be responsible for choosing the venue, promoting the event and taking the money.
The sailor's contract is with whoever sold him the service.