Claims against Sailing Clubs

Cat sailors ...

Originally posted by RS400atC I disagree with your point 3. He could only get redress within the scope of racing, I don't think 'average points' would have placated him ever so much.

As I said 9 out of 10 cases can be avoided by good early management.  An appology and a recognition that the line was not placed well but an explanation that they'd checked the depth at the pin may well have been enough to either placate him or make him realise a case probably had no legs.

Not sure of the current rules on this point, but there used to be a line in there that you accept the rules and protest process as final, and won't go to court on anything that they cover.

Ah - where that statement is in place I believe its saying you can't go to court over the results rather than the overall liability for damage etc.  So for instance lets say you have a port starboard incident.  You are forced to retire and port comes first.  You sustain damage...  port does his turns but you protest him because you maybe think he was so grossly dangerous he should have retired.  His first means you loose the regatta and port wins and takes away a big cash prize.  Your protest is either rejected or you maybe get average points but port is not DSQ and you still loose the regatta.  You can't then take anyone to court to get the prize.  However, if port then doesn't pay for damage you can take him to court for the damage as his liability remains.  The fact that a protest hearing found in your favour would be in your favour if you were facing port in court.

I don't RO often - but I wouldn't let this stop me.  I'd just make sure my audit trail was in place.

Based on the detail from RodStewart this has no grounds for a case. 

- Daggerboard not in the normal possition for sailing (below the 100mm mark)
- Other boats made a claim for Redress (and were granted it)
- Damage sustained after the first incident makes it impossible to tell whats caused by which so you can't apportion costs
- No complaint made at the time to any official
- Club checked the depth at the pin when it was layed

The biggest risk for the club would be that it runs to small claims court and then no-one turns up to defend it... ...thats a sure fire way to loose the case.  Turn up with all the documentation and statements from other sailors rescue boat crew etc that say they checked the mark depth etc. He / his no win no fee lawyers will be paying costs.  Its a pain.

That said I'll put money on the lawyers when faced with those facts would tell him he doesn't satnd a hope and so won't do it no fee.  They'll be hoping the club is twitched and pays out at the first sign of a lawyers letter.

Originally posted by 2547 Sorry, still don't see how you can get redress for running aground.

I think there has been the odd case where a race team has failed to shorten a race before the tide went out, causing some boats not to finish!