You do realize that sailing is considered a sport with risk of physical injuries, regardless of whether it is done on a 14' Laser sailing dinghy or a 42' charter boat and that anyone who isn't prepared to take responsibility for themselves and those risks has no damn business being on a boat.
"One hand for yourself and one hand for the boat", is a saying that has a strong reason behind it.
A liability waiver that clearly states that sailing is a dangerous sport and as such could result in injury or death is something that would cover that situation, and requires no liability insurance. IMHO, by consenting to go on the charter Sam was assuming all risks involved in doing so. Unless it could be proven that Joe intentionally did something in an attempt to harm Sam, I don't really see how Joe has any liability for Sam's own negligence.
I am getting tired of frivilous lawsuits in this overly litigious country, and feel that if people were made to pay the defendant's court costs and the plaintiff's lawyers were hit with some sort of financial penalty in cases that were found to be without merit, there would be far fewer of them.
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You know what the first rule of sailing is? ...Love. You can learn all the math in the 'verse, but you take
a boat to the sea you don't love, she'll shake you off just as sure as the turning of the worlds. Love keeps
her going when she oughta fall down, tells you she's hurting 'fore she keens. Makes her a home.
—Cpt. Mal Reynolds, Serenity (edited)
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Still—DON'T READ THAT POST AGAIN.
Last edited by sailingdog; 03-19-2007 at 09:05 AM.