just wondering about liability release

[arch007]

Wondering what people do when they take a guest out for a sail.

Someone maybe they just met.

Do they have the guest sign a liability release ?

Thanks,

arch

[StuM]

You don't say where you are, but I guess it's the US. I doubt anyone sailing anywhere else would even think to ask that question

[arch007]

Yes I am in america.

Lot of lawyers here.

[danielamartindm]

Originally Posted by arch007

Wondering what people do when they take a guest out for a sail.

Someone maybe they just met.

Do they have the guest sign a liability release ?

Thanks,

arch

Hi Arch,

I've never heard of anyone doing that. Fair winds.

[Captsteve53]

Arch,

As the captain, YOU are responsible for the safety of you, your passengers, your boat--and those you may come into contact with. This means that even the noise your boat makes or the wake your boat puts out can have an impact on other boats or property--so you are responsible. Your responsibilities are essentially a summary of the following factors:

1)You are responsible for knowing and adhering to the federal Rules of the Road, and all state and local boating laws.
2)You are responsible for operating in a manner that is appropriate for the conditions--meaning going at no-wake speeds where required, operating at a safe boat speed in congested waters or at times of restricted visibility such as at night.
3)You are responsible for the safety of the people on your boat, and you are required by the Rules to assist others in need if you can safely do so.
4)When operating around swimmers and skiers, and others that may be in the water, you must always maneuver in a safe manner and be aware of the dangers of striking them with a moving propeller. Always place engine in neutral, or more preferably, stop your engine completely before someone moves to re-board the boat.

All basic really , if you have an insurance policy you should check on what coverage it has for third party claims or perhaps just have a policy as such.

Although very un common it does happen when some one falls or trips on board


Cheers Steve

[rwidman]

I do not require guests to sign a liability release. Neither do my marina friends with boats. I think that would be very unusual and not very friendly.

[Dallasron]

The fact is that it wouldn't be worth the paper. Your boat, your responsibility

[Broadside]

Check with your insurance carrier and see what they say. I would think it would be along the same lines as giving someone a ride in you car.

[Nickodemus]

Unless you are asking your guests to pay for the ride, I've never heard of anyone signing a liability release. Besides, a liability release doesn't usually "save" you if you've been negligent anyway.

[Mike OReilly]

The whole question strikes me as rather sad. Maybe it’s b/c I don’t take guests out, I take friends. And no friend of mine would sue me if they injured themselves due to their own actions.

Of course, if I caused my friend harm due to my own negligence, then I would expect to make my friend whole again in whatever way I could. And if that required a law suit, then so be it...

[Snore]

I do charter work around my deliveries. The charter company I work with is absolutely top shelf---- they have guests sign a release.

Now is it worth the paper it is written on? Not sure, but the fact they do it kind of says something. In the end of something bad happens, I know everyone will lawyer-up, the USCG will do a review and it will hit the fan --- but the guest will have signed a release.

Not sure if I would be a guest on a private vessel that required me to sign a release. First question would be, what are your qualifications?

[roland stockham]

Mainly know this from a European perspective but the states are essentially the same, just you have more layers prepared to 'give it try'. Essentially the issue is 'did you fulfill you duty of care'. As a non-commercial skipper you can be considered reckless if you have not addequatly prepared either yourself or your boat for circumstances that a competent skipper would be expected to foresee. So if you go out in a busy shipping area with now radar and get hit by a ship then you are likely to be seen as reckless. If you get struck by lightning on a clear sunny day with no thunderstorm warnings issued then it is an 'act of god'. A liability waiver is not worth the paper it is written on and will not change any judgement against you. Generally I take the view that crew should know enough to be able to make their own judgement about weather a proposed passage is sensible so I would not take a total landlubber on an overnight passage for their first trip because they don't know enough to know what they are letting themselves in for!

[bvisailing32]

insurance should take care of most problems, but mkght depend on the skippers decisions and actions, and following regs and good judgement .

Erica, when she was in the sailing club, took out some friends from work who donated to some charity associated with L.A. County. Erica was an M.D. for L.A. County Health Dept.

Just for a day sail on a very nice Ericson 28. Erica paid for the boat and charged them zero. Act of kindness. They had returned to the docks, and Erica and her three guests , we doing some kick back slip sailing .

One of the guests was siting up on the coach roof, near where the single handing lines were run back . It apparently was uncomfortable for his okole, and he released one of the lines. It had been secured with a proper cleat hitch.

That line was the topping lift. The boom fell and hit another guest that was sitting in the cockpit. Outcome was that the injured guest sued and it was all turned over to the sailing club insurance and they took care of it.

In nearly 40 years we have never had anyone sign a waiver to go out sailing with us, on our own boat. As to charters or lessons, thru the sailing club, I do not know. But teaching privately I never had anyone sign waivers. of course that was on their vessel.

I am fully aware of skippers responsibility, and those respsonsibilities were strongly stressed . Those are to the boat, passengers and entire crew and to other vessels, and persons.

As others , we suggest that you contact your insurance company and discuss your coverage and their suggestions.

[Meacenas]

This question is a darn sad narrative on the current state of American life. Over and over again, it becomes you who will be responsible for someone elses chosen actions. Its getting to the point where you cannot trust anyone, even 'friends'. I wonder what J. Slocum would think?

[danielamartindm]

Originally Posted by arch007

Wondering what people do when they take a guest out for a sail.

Someone maybe they just met.

Do they have the guest sign a liability release ?

Thanks,

arch

Even if you did, remember that people cannot legally sign away their basic rights and no court would enforce a contract that did so. Your guests have a reasonable expectation that you will follow the law in your operation of the vessel and not subject them to undue danger. For example, if you're a surgeon and you have your patients sign a contract that they won't sue you afterwards, and something went wrong, no court would enforce that contract.