Rafting up - liability questions

[pheran]

The previous post on rafting up started me wondering about the question of liability. Imagine the situation when one of the crew of the boat you have allowed to raft alongside you, whilst making his way ashore across your foredeck, catches his foot in one of your ropes and injures himself. Could he sue you? Daft question? Perhaps not when you remember that there are circumstances in which a burglar can sue you for injuries incurred whilst he was burgling your house.

And would your insurance policy cover you under the general Third Party risks section in such circumstances? Are you sure - in a situation where you have 'invited' the vessel alongside totally voluntarily?

One can work up all sorts of other scenarios involving damage to property and well as injury to people but what does the team think?

And could Boatone1 be charged as an accessory and partially liable as a result of his very public and enthusiastic incitement to raft up?

 

[boatone]

We really do need you Pheran - NOT....and who the hell is Boatone 1 ?

 

[pheran]

[ QUOTE ]
We really do need you Pheran - NOT....and who the hell is Boatone 1 ?

[/ QUOTE ]Not have the sense or intellect to think about these sorts of problems doesn't mean they are not going to come up and bite you in the bum. You having one of your funny turns again today?

 

[apollo]

Its everywhere...

Myself and family had a walk along the canal and came to a lock.

Boys wanted to help open the gates, but narrowboater was very reluctant in case they hurt themselves and we sued.

It did also cross my mind last week when we took youngest's school mates out for the day on the boat. Everytime they walked along the deck I started to stress...

What a mad world we live in...

 

[No Regrets]

It's a questio of due dilligance I guess.

As long as your boat is shipshape it's down to the rafted crew to ensure they act properly, and their skipper is responsible to oversee that, is he not?

 

[bradtarga34]

I would hope that you are right and common sense prevails... /forums/images/graemlins/confused.gif

 

[Brayman]

[ QUOTE ]
The previous post on rafting up started me wondering about the question of liability. Imagine the situation when one of the crew of the boat you have allowed to raft alongside you, whilst making his way ashore across your foredeck, catches his foot in one of your ropes and injures himself. Could he sue you? Daft question? Perhaps not when you remember that there are circumstances in which a burglar can sue you for injuries incurred whilst he was burgling your house.

And would your insurance policy cover you under the general Third Party risks section in such circumstances? Are you sure - in a situation where you have 'invited' the vessel alongside totally voluntarily?

One can work up all sorts of other scenarios involving damage to property and well as injury to people but what does the team think?

And could Boatone1 be charged as an accessory and partially liable as a result of his very public and enthusiastic incitement to raft up?

[/ QUOTE ]

Well, unless Boatone1 is offering to pay, I'd tell them to take a running jump, assuming they were still capable of doing so.

 

[jhr]

Well, you seem to have hooked several people with this one /forums/images/graemlins/grin.gif.

I have never - ever - heard of such a case in the Solent, where rafting-up happens routinely and where the higher numbers of Raggie craft, and their spiders' webs of deck gear, provide much more potential for slips, trips and litigation.

However, thanks for the idea - I'll try it out some time soon. /forums/images/graemlins/grin.gif

 

[Chris_d]

This rafting debate is getting out of hand /forums/images/graemlins/grin.gif I've never had this problem at the more exclusive end of the river, if however we can't get our own bit of bank we just keep going until we find gap, a smaller boat gives a lot more options mind.

 

[Cliveshep]

Perhaps you need to take elf'n'safety precautions,
Scatter a few of these around your rails:

and also some of these if you are the outboard boat:

 

[boatone]

[ QUOTE ]
This rafting debate is getting out of hand /forums/images/graemlins/grin.gif I've never had this problem at the more exclusive end of the river, if however we can't get our own bit of bank we just keep going until we find gap, a smaller boat gives a lot more options mind.

[/ QUOTE ]

I think you're right.

End of from me, I think, getting too old and life's too short. Parliament is in self destruct mode and swine flu is a pig. God bless....

 

[ms1]

what happens insurance wise if some oick cuts the mooring lines of the boat that you have rafted against;you both drift off and damage occurs.
is it likely that insurance would say that you have to have independent mooring llines to shore ??

 

[No Regrets]

We use seperate shore lines to be sure. Kinder to the rafted vessel too!

 

[ADLS]

If we have to start putting up stickers our boats are going to look like F1 cars.

Here is a few more that come to mind.
No shoes, (already on a lot of boats)
Slippery when wet.
Moving structure.
Mind the gap.
Mind the step.
No smoking fuels carried.
Don't cross when drunk, /forums/images/graemlins/smirk.gif /forums/images/graemlins/smirk.gif /forums/images/graemlins/smirk.gif

Direction arrows, as some skippers want crossing made via the for deck other across the stern.

 

[pheran]

The one you wont need is 'Rafting up is strictly at your own risk'. Apparently you cannot escape any liability to third parties just by declaring you don't accept it.

ps just to make Tony feel better, at the moment we are moored up in the centre of Gouda, quite busy 'cos its the weekend so I've just invited a Dutchmen to raft alongside!!