Legal liability of unpaid skipper

[davefromoregon]

This truly is in the future.

A friends son asked to come along on the boat on a 2-3 day trip with time on the ocean.

Other people on the trip are quite skilled. He will be standing watches but not alone.

The boat is seaworthy with more than the required safety equipment. The safety equipment is up to date.

I know and abide by the COLREGs.

If the conditions are not good, we aren't going.

Assuming we do nothing stupid or illegal, what are my liabilities as skipper should something go wrong? I know that as skipper, I am responsible for the safety of crew and vessel. I am trying to get more granular.

[edsailing]

As skipper you're responsible for the boat, for the crew and for everything that happens.... Get used to it, always have a 'plan B' when in close quarters situations, brief your crew well, understand their capabilities - now go enjoy your sailing!

[Wckoek]

Wasn't hard to get short term travel insurance that cover sailing activities.

[hellosailor]

Dave-
If you gave the kid a ride to the after school hockey league, what would your responsibility be?

COLREGS and boats don't have any bearing on the issue.

[JPA Cate]

Davefromoregon,

About 40 yrs. ago or so, a guy got hurt while racing on SF Bay, on someone else's boat. He sued the skipper and was awarded damages and medical care.

When you live in a litigious society, people like to play the" lawyer lottery." You can ALWAYS be sued, for anything. And you may lose.

Having them sign a waiver before you leave isn't enough; waivers can all be "broken, " at least in Calif. because there's a law that says you can't sign away your right to sue. Oregon may be different.

If you're worried about this, I wouldn't give the lad a ride. The chances are mostly that all would be well, but if you feel it is risky, don't do it. You're just staking your financial future on the kid not getting knocked overboard, concussed, and drowning; or, possibly worse from an insurance point of view, a fall involving a compound fracture resulting in loss of part of a limb. Such events are really rare, but, unfortunately there is some risk there, and I really don't know how to evaluate how much, it depends on so many variables....

Ann

[davefromoregon]

It was my wife's concern more than mine. I didn't think there was a real concern. As it turned it, he won't be available to go.

[BandB]

Originally Posted by davefromoregon

This truly is in the future.

A friends son asked to come along on the boat on a 2-3 day trip with time on the ocean.

Other people on the trip are quite skilled. He will be standing watches but not alone.

The boat is seaworthy with more than the required safety equipment. The safety equipment is up to date.

I know and abide by the COLREGs.

If the conditions are not good, we aren't going.

Assuming we do nothing stupid or illegal, what are my liabilities as skipper should something go wrong? I know that as skipper, I am responsible for the safety of crew and vessel. I am trying to get more granular.

You're not going to get more granular. Legally you're responsible for anything the courts rule is your fault. As boat owner, assuming you are, you're also responsible for anything that happens on your boat for which you might be judged to have any degree of negligence.

Understand this basic, when it comes to "legal", anyone can sue you for anything. Hopefully, you have insurance coverage for those things you might be determined to be responsible for. The only way to escape any responsibility is to do nothing and deprive yourself.

If the son is under age, then do have his parents sign giving you permission and acknowledging they know the risks of sailing. That relieves you of any risk of taking him without parental permission in which case you'd be responsible whether anything was your fault or not, simply for exposing him to the danger. Also, on what they sign, there should be some granting to you of rights to get medical care for their son if something happens.

That said, just go and do your best and show moral responsibility in that regard and let others argue points of law if anything happens.

[BandB]

Assuming you are not sailing outside the US as that would entail additional paperwork if under age.

[Captsteve53]

"Below is general legal advice from RYA on the duty which you may owe crew members and/or guests aboard your vessel:

In the absence of, and at times in addition to, contractual relations between those on board a vessel, the skipper/owner of the vessel will owe a duty of care towards the crew and guests on board. Broadly speaking you must take “reasonable care to avoid acts or omissions which you reasonably foresee would be likely to injure your neighbour. In this instance your “neighbour” being crew and guests aboard your vessel and “reasonable care” in this context is a question of fact to be determined by the court.

In the event of a breach of an owed duty of care, the ordinary standard being one of “reasonable care,” you may be liable if damage is incurred as a result of your breach of duty and provided there was no intervening event which broke the chain of causation.

US Civil liability

Under the International Convention for the Safety of Life at Sea (SOLAS), boat owners of seagoing vessels, including inland waterways, are required by law to ensure that all crew and passengers onboard are aware of safety management procedures, drafted under the provisions of the International Safety Management (ISM) code.

SOLAS holds vessel owners liable for civil litigation in the event of personal injury, wrongful death and other claims for financial damages if the captain fails to meet his or her legal responsibility. This covers charter tour boats and privately-held yachts, as well as cruise liners.

Injured parties may certainly have the right to sue for damages against the boat owner under international maritime law, but may also be able to “pierce the corporate veil” and sue the captain and individual crew members for failing to meet their responsbilities under SOLAS, as well.

If it can be demonstrated through evidence that the captain failed to meet the legal responsibility to put passenger safety above his or her own safety, civil damages may be possible for negligence.

Cheers Steve (IIMS/Lloyd's)

[JPA Cate]

Originally Posted by davefromoregon

It was my wife's concern more than mine. I didn't think there was a real concern. As it turned it, he won't be available to go.

Under the circumstances of this thread, that's a relief!

Ann

[davefromoregon]

In all, I think it would have been fine. I am not an idiot, his parents are not evil, we had the appropriate insurance, and the boat is properly outfitted.