Limitation of Liability - Page 2 - SailNet Community
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post #11 of 27 Old 09-13-2012
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Re: Limitation of Liability

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Originally Posted by denverd0n View Post
This is really the best thing to do. The legal advice you get on a forum like this one is worth exactly what you pay for it. NOTHING!
Yep, agree with both of you.

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post #12 of 27 Old 09-13-2012
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Re: Limitation of Liability

1. I AM AWARE THAT SAILING AND BOATING ACTIVITIES ARE HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
2. I have read, understand, and will abide by the Standard Operating Procedures for the sailing vessel Wind Orchid in its current form or as amended from time to time without notice.
3. I understand that the Chesapeake Bay (including tributaries) can be a dangerous body of water, posing significant hazard, including, but not limited to sudden storms and unexpected changes in weather and water conditions that can cause bodily injury, including death. I am choosing to participate at my own risk.
4. As legal guardian(s), I (we) include in this RELEASE all minor participants in our care, whether listed or not.
5. I hereby fully release Jon Jones and Lori Jones, the sailing vessel Wind Orchid, and their agents and representatives from any liability whatsoever for lost cost, damage or expense (including attorneys’ fees), for personal injury, including death, arising from or connected in any way with my participation in any activity associated with them.

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post #13 of 27 Old 09-13-2012 Thread Starter
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Re: Limitation of Liability

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Originally Posted by denverd0n View Post
This is really the best thing to do. The legal advice you get on a forum like this one is worth exactly what you pay for it. NOTHING!
I understand the advice. My situation is complicated by the fact that I travel a lot. In the past two years I have been in France, Canada, the US, Mexico, Belize, Guatemala, Bermuda, and Portugal. I doubt that any single document would be legally binding in all of these places. I am on my way back to France and I expect to be in several other (new) countries in the next six months.

Thank you for those who contributed text. I will draft something that helps temporary crew understand the situation as I see it. Just as I am careful to send the "Standing Orders" - the standard operating procedures and responsibilities of the crew - to potential crew before I accept them on board I was looking for a similar document outlining liability. The text contributed has been most helpful.

Again, thanks

CAPT Roger J. Jones USN (ret.)
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post #14 of 27 Old 09-14-2012
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Re: Limitation of Liability

I would think an additional way of limiting your liability (which you might have done already) is having a laminated plan of the boat taped up onto a visible surface showing where all the safety kit, thru-halls etc are located. On your form have it state the onus is on the person you are taking aboard to learn where these are. Make sure your PFDs are in date and you have enough harness'. A well founded boat would be your first line of defense against liability.
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post #15 of 27 Old 09-17-2012
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Re: Limitation of Liability

This thread is so sad. I guess a testemant to the times we live in. I have crewed on many a vessel and have never had to sign a waiver, but have always checked out the skipper and boat to ensure I was comfortable with both, and am sure I was checked out as well by the skipper.
To be honest if a skipper threw this in front of me I think I would grab my seabag and tell him to have a nice voyage as I climbed up the companion way.
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post #16 of 27 Old 09-17-2012
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Re: Limitation of Liability

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Originally Posted by bvander66 View Post
This thread is so sad. I guess a testemant to the times we live in. I have crewed on many a vessel and have never had to sign a waiver, but have always checked out the skipper and boat to ensure I was comfortable with both, and am sure I was checked out as well by the skipper.
To be honest if a skipper threw this in front of me I think I would grab my seabag and tell him to have a nice voyage as I climbed up the companion way.
After you own the boat and all the responsibility with it be sure to get back to us.


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post #17 of 27 Old 09-17-2012
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Re: Limitation of Liability

If you accomplish nothing else be sure to name a jurisdiction where the courts would have jurisdiction in the event of a dispute. I'd suggest just about anywhere but the US given the litigious nature of people, and excessive judgements (Mississippi for example is brutal).
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post #18 of 27 Old 09-17-2012
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Re: Limitation of Liability

We often take crew aboard our boat - around 40 different folks over the course of a season. For pleasure cruises, we only this year starting asking folks to sign a waiver. Decided to do this because last year, one of our crew fell onto the dock while leaving the boat, and she injured her hip - one that had been replaced a few years earlier. She didn't sue me or anything like that (in fact, the doctors discovered cancer when she was being checked out from this fall - she says the fall saved her life), but I started to research the liability issue in this case. Would I be liable? The marina? Where is the line when embarcking/debarking? In the course of the research, I found more than one horror story where crew were injured and the boat owners ended up getting hosed. It's not just the dude who gets hurt putting it to his boat owning friends. When medical insurance is involved, the insurance company often goes after the boat owners, even if the injuried party doesn't want to.
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post #19 of 27 Old 09-17-2012
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Re: Limitation of Liability

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Originally Posted by mdi View Post
After you own the boat and all the responsibility with it be sure to get back to us.
Own a boat for 25 years now, so getting back to you and have had crew aboard, also crewed on other boats, both coastal and offshore and have never experianced waivers. Even sailed with a lawyer once lol.
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post #20 of 27 Old 09-17-2012
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Re: Limitation of Liability

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Originally Posted by delite View Post
If you accomplish nothing else be sure to name a jurisdiction where the courts would have jurisdiction in the event of a dispute. I'd suggest just about anywhere but the US given the litigious nature of people, and excessive judgements (Mississippi for example is brutal).
guess the answer is dont bring crew aboard in the US.
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