Originally Posted by barnakiel
If the picture shows the actual position of the hatches then the boat should have never gone offshore
in the first place!
This thread has been troubling me for awhile but I couldn't put my finger on why until Barnakiel posted as above.
In essence, he is (IMO) completely and totally correct except for one small proviso and that is "the boat should have never gone offshore in the first place unless the skipper
(and crew) elected to accept the risk"
All this previous talk of who is liable for the "fault" and who should pay etc (designer / builder
/ etc) is just codswallop. Comparing a recreational boat design (and designer
etc) with say a car is ludicrous.
In a first world country, a car (bus, train, plane) is simply a part of the fabric
of life and a complex machine that the average punter could never fully understand. The punter actually needs protection from possible design failures. A yacht on the other hand is simply an indulgence (well OK, a necessary indulgence for CF readers)!
The reason I sail (& sometimes cruise) is, in part, to escape the nanny state. I like living in a world where I take responsibility for myself. I get to decide what anchor
, what chart, what rig, what sails
and so on. If I get it wrong, I live (or die) with the consequences. No one makes me sail, the community doesn't need me to sail to survive, it remains my choice so I should take responsibility for my choice. If I don't feel I know enough to make an informed choice, I should educate myself or not go or take the risk. I shouldn't blame anyone else
or hold anyone else accountable.
The OP elected to go to sea in this boat, with these hatches and in a cyclone season. It was his choice and he is entitled to make it. I would not have and perhaps Blind Freddy might not have but that isn't the point; he (she?) did and that is the end of it. It wasn't the designer's decision or anyone else's decision. No one forced him to and if he didn't know enough to make a better decision, so what; still no else's responsibility. Perhaps he did know "better" but accepted the risk anyway; that is his entitlement as an off-shore cruiser - IMO.
I could go on but I think you get my drift - YMMV.
Rant over, please resume normal programming!