Limiting Crew liability

[mroth68]

I am a private boat owner making preparations to sail from the Med to the Caribbean this winter. I am taking on several crew members, no paid positions, just friends and people I have contacted on cruising websites who want some sailing experience or who are looking to get west. I am wondering if anyone has any information or thoughts on liability waivers or similar documents for such arrangements. I would like these people to sign waivers indicating that I am in no way responsible for any accidents that may occur in the course of the trip, sailing having an element of inherent danger to it. I would also like these waivers, or another document, to indicate that these people agree to take sole responsibility for repatriating themselves once we reach the Caribbean. If anyone has any experience or thoughts it would be most appreciated.

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[Guest]

Don't forget that that no waiver in the world will protect you from claims due to negligence.

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[qsiv]

As well as all of that I'd ensure a good level of injury cover for crew - just in case. I know I carry lots of insurance just in case someone onboard is seriously injured.

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[Observer]

As skipper, you are as a matter of ordinary law responsible for the safety of ship and crew.

So, start off by reading your insurance policy carefully to find out what liability cover is provided and check with the insurer/broker if it is not clear. I suspect you may be covered for liability to crew, in which case it may be better not to try and exclude liability by having them sign a widely drafted waiver.

The reason for this is that the efficacy of a widely drawn liability waiver may be reduced as it affects uninsured risks if you are actually insured for other risks which are also excluded by the terms of the waiver. If you decide it is necessary to seek a waiver in respect of uninsured liabilities, it will be better if the waiver is specific to those liabilities and not a "catch all". Thus, you may end up accepting liability for death or personal injury arising from your negligence (which probably cannot be excluded or restricted anyway) but excluding liability for loss or damage to the crew's personal effects as well as death or personal injury not caused by negligence.

As you say, there is inherent risk in the trip so it may be worth paying for professional advice.



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[AlanPound]

Notwithstanding the other wise posts on this topic, you should of course give a safety briefing to your crew. In addition to all the usual stuff about lifejackets, liferafts, fire extinguishers, first aid kits and use of radio for maydays, etc., you should also explain that being on a boat provides all sorts of opportunities for injury and indeed drowning that do not exist on land.

Then your crew should each sign a note to say that they heard and understood all of that, and that they bear the risks associated with it themselves. This will not excuse you from any real negligence, but should establish (at least) two things, i) that they understand the risks, and ii) you have not been negligent with respect to the safety aspects of sailing (if your crew might not reasonably have known all of this, then not to explain it to them would show you negligent by default).

In addition, just holding such a signed declaration would be a useful start in any defence, and may well be enough to keep the "no win no fee" vultures from smelling blood... (arghhh - don't get me started!!!!)

Alan

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