Planty
New member
Due to a happy circumstance, whilst waiting about the other day I had the opportunity to read the International Boat Industry trade paper. An article caught my eye re the Blame Culture that is becoming ever more prevalent in any matters with Insurance.
Chris Knox-Johnston marketing manager at British marine insurer Haven Knox-Johnston - a Division of Amlin Marine Services Limited, member of the General Insurance Standards Council, and a subsidiary of Amlin Underwriting Limited was quoted as being increasingly alarmed and concerned that the rise in leisure boating Insurance premiums was due to "claims" based around the "no win, no fee" basis.
There was mentioned an incident recorded where a leisure skipper whilst returning to his mooring had asked his "friend crew" to put fenders along the starboard side for mooring. As they approached a gust of wind started slowly to push the boat to port, thus the skipper asked for a fender to be taken from starboard to port. The Friend Crew obliged but as he did so slipped on the foredeck and fell on one knee, picked himself up attached fender to port side and all was well. Two years later the skipper received a writ claiming that he was negligent as he had not ensured fenders were in the right place when required! The friend crew won the case and was awarded damages slightly below the maximum permissible under the 1976 London convention. The liability is limited currently, by law, under this convention to a cap of about GBP225,000 for any one accident irrespective of the number of people involved or the total amount of loss or damage.
Knox Johnson goes on to explain that this cap is about to change and will soon be in certain circumstances capped at £2.7 million!! This will of course encourage ever more claims against "leisure boaters"
Thus to my question, in the panels opinion should we as part of our "welcome aboard" tour and "introduction" add to the W.C/Head rules, the life jacket at all times, stand back let the crew operate etc speech. That, as in Motor Racing and other "Dangerous Sports", guests are made aware that boating can be dangerous and that they embark with us "at their own risk!" ??
This article had a particular resonance for me as acquaintances of ours have just lost a case where a "friend" who attended a dinner party at their home, fell off her chair during dinner and whilst being offered full medical attention, copious TLC etc for what seemed a very minor fall, then after continuing to enjoy an evenings hospitality, sued for substantial damages loss of earnings etc. and as I say, Won.
Your thoughts ??
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Chris Knox-Johnston marketing manager at British marine insurer Haven Knox-Johnston - a Division of Amlin Marine Services Limited, member of the General Insurance Standards Council, and a subsidiary of Amlin Underwriting Limited was quoted as being increasingly alarmed and concerned that the rise in leisure boating Insurance premiums was due to "claims" based around the "no win, no fee" basis.
There was mentioned an incident recorded where a leisure skipper whilst returning to his mooring had asked his "friend crew" to put fenders along the starboard side for mooring. As they approached a gust of wind started slowly to push the boat to port, thus the skipper asked for a fender to be taken from starboard to port. The Friend Crew obliged but as he did so slipped on the foredeck and fell on one knee, picked himself up attached fender to port side and all was well. Two years later the skipper received a writ claiming that he was negligent as he had not ensured fenders were in the right place when required! The friend crew won the case and was awarded damages slightly below the maximum permissible under the 1976 London convention. The liability is limited currently, by law, under this convention to a cap of about GBP225,000 for any one accident irrespective of the number of people involved or the total amount of loss or damage.
Knox Johnson goes on to explain that this cap is about to change and will soon be in certain circumstances capped at £2.7 million!! This will of course encourage ever more claims against "leisure boaters"
Thus to my question, in the panels opinion should we as part of our "welcome aboard" tour and "introduction" add to the W.C/Head rules, the life jacket at all times, stand back let the crew operate etc speech. That, as in Motor Racing and other "Dangerous Sports", guests are made aware that boating can be dangerous and that they embark with us "at their own risk!" ??
This article had a particular resonance for me as acquaintances of ours have just lost a case where a "friend" who attended a dinner party at their home, fell off her chair during dinner and whilst being offered full medical attention, copious TLC etc for what seemed a very minor fall, then after continuing to enjoy an evenings hospitality, sued for substantial damages loss of earnings etc. and as I say, Won.
Your thoughts ??
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