bobnewbury
Well-Known Member
That should have teased any public spirited lawyers out of the woodwork.
Here’s the scenario:
An out of service date liferaft has become available to the overwintering yotties in Lagos. It has been proposed that we take it out into the bay and inflate it so that those who wish to do so can see what it’s really like to launch and, more importantly, get into a liferaft in realistic conditions.
This is likely to take place in January when the water temperature could be as low as 12 degrees C. It would be launched from a yacht and we would also have a couple of RIBs in attendance. All those potentially participating have sailed boats from at least as far as the UK and so would be reasonably experienced sailors. Mind you, most of us aren’t spring chickens either. It is expected that those taking part would be wearing some form of clothing to protect against hypothermia and/or coldwater shock (wet/dry/survival suits etc).
Discussions in the local debating chamber (South Bar) raised the issue of liability should anything go pear shaped and someone gets injured or even killed. I realise that any litigation would be subject to Portuguese law rather than British, but could anyone give some guidance as to what the position would be in the UK were this to happen? Specifically:
1) As everyone is experienced could we assume they have given informed consent and willingly accept responsibility for anything that may happen to them?
2) Given that this is organised by those taking part and not an individual, committee or company, who might be considered liable for any accidents?
3) What precautions would a court expect to be reasonably taken to minimise risks in such an undertaking?
4) Would you do it?
/forums/images/graemlins/confused.gif
Here’s the scenario:
An out of service date liferaft has become available to the overwintering yotties in Lagos. It has been proposed that we take it out into the bay and inflate it so that those who wish to do so can see what it’s really like to launch and, more importantly, get into a liferaft in realistic conditions.
This is likely to take place in January when the water temperature could be as low as 12 degrees C. It would be launched from a yacht and we would also have a couple of RIBs in attendance. All those potentially participating have sailed boats from at least as far as the UK and so would be reasonably experienced sailors. Mind you, most of us aren’t spring chickens either. It is expected that those taking part would be wearing some form of clothing to protect against hypothermia and/or coldwater shock (wet/dry/survival suits etc).
Discussions in the local debating chamber (South Bar) raised the issue of liability should anything go pear shaped and someone gets injured or even killed. I realise that any litigation would be subject to Portuguese law rather than British, but could anyone give some guidance as to what the position would be in the UK were this to happen? Specifically:
1) As everyone is experienced could we assume they have given informed consent and willingly accept responsibility for anything that may happen to them?
2) Given that this is organised by those taking part and not an individual, committee or company, who might be considered liable for any accidents?
3) What precautions would a court expect to be reasonably taken to minimise risks in such an undertaking?
4) Would you do it?
/forums/images/graemlins/confused.gif
