Sailboat racer blames crewmate for racing injuries - Southeast Texas Record - Page 2 - SailNet Community
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Sailboat racer blames crewmate for racing injuries - Southeast Texas Record
by NewsReader 11-20-2015


Southeast Texas Record


Sailboat racer blames crewmate for racing injuries
Southeast Texas Record
A Harris County man is suing a Corpus Christi resident, alleging negligence for injuries he says he sustained during a sailboat race in. Matt Buvinghausen filed a lawsuit Aug. 24 in Galveston County District Court against Terry Pynckel of Corpus ...




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Old 11-23-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

I like how the injuries were sustained over two separate races....

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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

Nothing fishy here. Normal American procedure. You got hurt, so logically someone has to pay. Can't possibly be your own fault. Hey, it's just insurance company money anyway, so who cares? And the friendly lawyer you got off the late-night TV ad doesn't even want any money out of you until there's a settlement. Is this a great country or what?
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

Quote:
Originally Posted by MedSailor View Post
I like how the injuries were sustained over two separate races....
Thats a pretty common occurrence in contact sports, skiing/snowboarding, etc. What happens is that a good-shot-to-the-head causes one of the teeny 'bridge veins' in the membranes covering the brain to break due to the jello-like brain sloshing around inside the hard skull. The bleeding can be slow but continuous and build up pressure over a long time, (sometimes fast and furious) and the signs and symptoms (and damage) slowly develop over time.

Here's the probable scenario: he doesnt have adequate healthcare insurance, now has a $100K-150K+ hospital bill to pay off, and is looking for a lawsuit to pay his bills --- its the american way!!!!!!!

Last edited by RichH; 11-24-2015 at 08:39 AM.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

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Originally Posted by SailingStNick View Post
Helmet rules are coming, folks.
Quote:
Originally Posted by krisscross View Post
Makes you want to sail alone.

You guys have nailed it. This is the beginning. Frankly, I'm surprised this hasn't happened sooner and more frequently.

This crap is *exactly* why I fired my entire crew last year, and haven't looked back.

Willful, blatant disregard for my safety protocols led to a blown jib halyard and nearly washing two untethered, PFD-less crew off the bow of my boat during a race at pitch-black night, in the middle of a driving rain and nearly 30 kt winds.

I'm dead certain that if either of these a**holes had washed away and drowned, that their family would have sued me into oblivion. I absolutely refuse to be responsible for the lives of people who can't be bothered to take even minimal steps for their own personal safety.

I don't mean that these people quietly ignored me and didn't wear harnesses or PFD's. I'm saying that they loudly argued and sneered at me when I told them we'd be wearing them. That's a special kind of stupid and I'm not having it on my boat.

The little shorthanded sailing group I started is doing well, and I have about 20 other solo sailors who agree with me, that I race against.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

Unless your 'safety protocols' are in 'hard copy' writing and are signed by agreement of 'perpetrators', you really dont have a leg to stand on vs. liability.

Just look at the participative contact high-risk sports venues such as hockey rinks, skiing areas, etc. where you are absolutely denied admission unless you formally sign with your signature a documented legal waiver for personal injury incurred.

Ive done this for any crew member on my boats when racing - and even those crew members who were attorneys have (agreeably) signed it. Get your own lawyer to draw up such a bombproof contract for you, if interested. US civil law is getting sooooo bad, that a waiver will soon be needed to protect yourself when buying or selling a simple loaf of bread.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

Waivers are useless. You can't sign away your right to sue someone. I've already discussed this with some experienced racers and skippers.
There's certainly no such thing as a "bombproof" waiver.

I'll just skip the crew, thanks.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

It is possible to draft a waiver that will protect against the risks that one can reasonably expect to encounter in an activity like sailing (this varies by state). But even if you have such a waiver, once a suit is flied, it is going to cost you or your insurance company 5 to 6 figures to defend and get the suit tossed anyway. Meanwhile, there is no risk whatsoever to the plaintiff and his lawyer just looks at the time spent filing a number of suits until one pays off big the cost of doing business. It's very very difficult to get any attorney fees back from a loser who sues you. Almost impossible.

This is destroying our country. Next time you pay your insurance bill (car, boat, whatever) consider why it is so high. If you are pissed about it, tell your legislators that you want tort reform.

Sometimes I think pistols at dawn was the better way to settle these things.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

If you happen to own a home, liability insurance added to your home owner's policy is usually really cheap.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

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Originally Posted by bobperry View Post
I sued myself once. But I settled.
I bet neither one of you were satisfied.
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Old 11-24-2015
 
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Re: Sailboat racer blames crewmate for racing injuries - Southeast Texas Record

I just want to say that the OP is a complete douchemonkey for starting such a contentious thread...yet again.

He starts all these weird threads about current events, but never joins in with the rest of us in these forum conversations. He's creepy. Maniacal. Detached. Machine-like. He must be stopped.

Yes, NewsReader, I'm talking about you. Man up and meet me in FightClub...if you have the stones. I won't rest until you're banned.
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