Skipper's responsibilities/liability

PRO responsibility REALLY needs to be a different thread...

Yes, PROs can be sued. Anyone can be sued. The main reason we are going to certified PROs, with specific criteria for certification, is to reduce the risk for US SAILING.

Mike

I am not a lawyer, i just play one on TV!

Since I don't currently have a boat to skipper, I think the skipper's responsibility should be (minimum):

- ensure the proper maintenance, function and operation of vessel
- ensure all safety equipment is present and used
- use proper judgement based on available information (SI, weather FX, personal limits of helm & crew) in selecting time/place to sail
- provide all-expenses-paid travel and accommodations at 5 star facilities for all sailing and ground crews, including semi-nekkid members of opposite sex gently fanning crews while feeding them grapes, etc. <img src="<>/smile.gif" alt="smile" title="smile" height="15" width="15" />

Boy are you going to be disappointed this weekend!

dude, I'm married. Nothing is a disappointment anymore...

did I just say that out loud? <img src="<>/blush.gif" alt="blush" title="blush" height="15" width="15" />

Andrew you are going apples to oranges here. Think of it this way; you're out sailing and the skipper/driver of your boat is reckless, not abiding to the laws, and creating an unsafe situation that may put life and property in peril are you going to take action to stop the behavior?

If not, in some states you are not only liable in the civil courts but you could also be criminally prosecuted. Property damage would probably result in a Recklessness charge, life or bodily injury in a criminal negligence charge should the authorities want to go after you.

This was the explanation that was given to me recently by my lawyer as I had looked into doing a non-incorporated partnership on a boat. My question was what is the worse case scenario I could be exposed to? The above was what was one of the many of; you don't want to do this and here is why topics, that was outlined to me - here is the catch I don't even have to be on the boat.

Oh! It gets better, should the skipper actions result in a criminal offense your insurance may say tough ****, and then your really on hook.

I believe that if most of you will review your own Home Owners policies, you will see that you have Liability limits coverage for our cats and in most cases racing these same cats.

Better check you homeowners policy to see if it even covers you on a boat the you own.

yes most HO3 and HO6 polices do up to 26' most have an additional coverage for racing, but only sail boat racing not power boat

It is true i brought in an example

off the water

... but just as Hobie1616's earlier post exemplifies... (http://forums.sailinganarchy.com/index.php?showtopic=72984)

the prosecutors, colleagues of Perdock's, are claiming that Thornton's death was Dinius' fault because, although he was not the skipper of the boat, he was at the helmsman's position ...

And this is all based on opinion... i could be wrong, as i am not a lawyer, and even if i was, lawyers argue (all day long) the exact meaning of the laws

Gentlemen,

Please allow me to quote from a HO3 insurance policy (typical Homeowners);

Liability Exclusions
(Section II)
1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others do not apply
to bodily injury or property damage:
g) arising out of the ownership, maintenance or use of; entrustment or the negligent
supervision by an insured of; or statutorily imposed liability on an insured related to the
use of:
(3) a watercraft owned or operated by, or rented or loaned to an insured:
(a) if the watercraft has inboard or inboard-outdrive motor power of more than 50
horsepower.
(b) if it is a sailing vessel, with or without auxiliary power, 26 feet or more in overall
length.
(c) while rented to others.
(d) while being used to carry persons or property for a fee.
(e) while being used without an insured's permission.
(f) while being used in an official race or speed test. This exclusion does not apply to
sailboats.
(g) if it is an airboat, air cushion or similar type watercraft.
This exclusion 1.g)(3) does not apply:
(1) while the watercraft is stored.
(2) to bodily injury to any residence employee arising out of and in the course of
employment by an insured

Thanks for your time.

Andrew:

Do you know all the facts in the case

Did you read this in the aricle?

Well, duh!" But with the Lake County Sheriff's Department working so hard to convict Dinius in an apparent attempt to divert attention from Perdock, the real culprit, there is no way to avoid having to go through the obvious.

Why wasn't the driver of the motor boat that happened to be an off duty sheriff charged - ah the question we will never know.

Yes i read it, no i don't know all the facts in the case... i wasn't there... yes i understand it is seems to have lots of questionable motives... the point was.... The prosecution felt there was enough evidence against the person at the helm (NOT THE OWNER) to go forth with a trial.

Typical strategy. Sue everyone, find out whose got the deepest pockets, zero in on them.

Hey thanks for the heads up. This prompted a call and an email to my agent, who does all of my insurance. I guess each state and company are different in how they set things.

That said, my homeowners policy will cover the boat however, once the boat hits the water the damages (that I cause to my own property)coverage is no longer in effect, but my personal injury/property liability is. My auto policy covers the boat once it is hooked up to the car for towing, but my personal injury/property liability comes from my auto policy, and my boat policy will cover what the homeowners and auto policy covers plus covers the damages when I am in the water.

Dam! I got dizzy just witting this.

Things that make you go hmmmmmmmmmmm!!!! At any rate, in a litigious society it's smart to protect your assets. Glad all of my insuracne (home, auto, boat & uncrella)are with the same company and for what the boat policy cost, it's worth the extra coverage. Let them figure it out when I make the call.

Same DEC page as mine....

what is uncrella?

Umbrella Policy.