Yacht Justice Sinks

[sailorman]

What about the negligence angle then?


NEGLIGENCE - The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community.

This particular Skipper bought (eyes of his insurers) a boat far in excess of his abilities/ experience. they added a clause that to cover the yacht away from her berth the Skipper was required to have an Experienced Person on board, this he failed to do on this fateful trip

 

[bbg]

Negligence is usually covered but if you add the word wilful to the definition of negligence then you have gross negligence which the insurance policy may not cover.

FYI, English law does not recognise the concept of gross negligence. There is no distinction - at law - between being a teensy weensy bit negligent or hugely negligent.
There might be contract conditions that refer to (and hopefully define) gross negligence, but it is not part of English tort law. At least it wasn't when I researched the topic in detail a few years ago.

 

[misterg]

What about the negligence angle then?

Maybe not straightforward in the case I quoted, because the skipper (& mate) were being paid to perform a service.

Andy

 

[Searush]

Maybe not straightforward in the case I quoted, because the skipper (& mate) were being paid to perform a service.

Andy

There is also the probability that they would have had delivery Skipper liability insurance to foot the bill too. Not much point giving them a bill for 220grand if they don't even have 220 squid available to pay it with.

I always try to assume that the insurer won't pay when making navigational decisions. It sharpens the mind somewhat. If it all goes wrong, then OK I will fight for cover, but if I have behaved as if I expect someone else to pick up the tab, the chances are that I have not done all I can to avoid the problem in the first place.

I know it sounds easy when sat in front of the telly & a log fire, but understanding the worst case scenario is vital to risk assessment - it has a critical impact on the consequences of failure.

 

[Ubergeekian]

There is also the probability that they would have had delivery Skipper liability insurance to foot the bill too. Not much point giving them a bill for 220grand if they don't even have 220 squid available to pay it with.

From the Metro article cited:

"In London, Mr Justice Morison said the delivery fee of £100 was 'paltry' and added it was 'a great pity' neither sailor was individually insured."

"Mr Bailey, from Portishead, Bristol, said yesterday: 'I was simply helping Bob out as a favour but look where it has got me. It was an accident which I did not expect to happen and I don't think I was responsible for it. It was a costly mistake and I'll have to pay for it financially for the rest of my life.'"

Ouch.