Boat U.S. - January 2008 - (Page 49) trouble agreeing on whether you have to give someone a warning in the face of such a “known” risk. Some judges have ruled that the duty to warn is not imposed when you have an open and obvious condition since, under a standard of reasonable care, everyone is equally able to see the hazard. Other courts, however, have ruled that your invited guest may not appreciate the risk of what you believe is a readily apparent danger. Even more to the point, however, is the practical reality of ever-increasing numbers of lawsuits. Not only are lawsuits expensive, they are time-consuming and take a tremendous emotional toll. Whatever legal comfort you might get in thinking that the danger is obvious the reality is that the situation in the legal world today instructs you should always err on the side of giving a warning. If, for whatever reason, that’s not possible, place a barrier in front of the open hatch, or better still, close it whenever you’re not there. As an experienced skipper, you know that a boat can pitch suddenly when it goes through a wake or comes about. You know to hang on until the boat is steady again. But these situations may be new and hazardous to a guest. In another claim, a guest aboard a 27-foot cruiser was stepping onto the dock when, he said, the boat rocked slightly causing him to fall and fracture his wrist. The boat owner had been friends with the man for years and was not prepared for what happened next. The injured man got an attorney who filed suit, claiming the skipper “failed to secure the boat adequately to prevent excessive rocking.” Further, the attorney says the defendant (skipper) “failed to provide his passengers with a proper and safe way to exit the boat, instruct them in this method and see that they received any assistance they might need.” Finally, the man had been drinking, a fact that has the potential to muddle any lawsuit. After years of litigation and depositions, the men were no longer friends. The boat owner felt he did nothing wrong, and while he had adequate insurance coverage, the claim had taken an emotional toll. The jury awarded the guest $37,500. They found that the injured guest had been 40% comparatively negligent. The boat owner was found to be 60% at fault and his policy paid the $22,500 on his behalf. An additional $16,784 was paid to the attorney who defended the case. After the plaintiff’s attorney was paid his portion and the health insurance carrier’s lien was paid, the plaintiff received $8,500. Clearly then, as skipper, you have the responsibility to warn an unsuspecting guest when you are aware of a hazardous situation on your boat. Further, you have a responsibility to warn guests about possible risks that are unrelated to your boat, but which are all around you: passing boat wakes, severe weather, tidal changes, etc. And, even if you are unaware of a loose railing or wobbly step or you don’t see an approaching boat wake, you may still be liable for any injuries that result. Remember, the next time you welcome someone aboard, an injury is more likely than ever to result in a lawsuit that, win or lose, could cost a fortune. When you also consider the many months of lost time and emotional strain you would live with, it might be wise to remember what a philosopher once said: “Be bold with your caution.” — By Bob Adriance Subscriptions to the quarterly magazine Seaworthy are $10 per year. For more information go to BoatUS.com/Seaworthy or call 703-823-9550, ext. 3276. Get Ready for 2008 with DIY CD-ROMs $1995 each The Best of DIY Boat Owner Magazine Making the Electronics Connection Launch and Haulout How to select, install, operate and troubleshoot marine electronics in a step-by-step approach with clearly detailed photos and illustrations. Gasoline and diesel engine service. How to maintain, troubleshoot and repair outboard engines, sterndrives and diesel inboards. How to prepare your boat for spring launch and winter storage. Includes lay-up checklists, maintenance and lubrication guides, engine servicing and haulout guidelines. 52 issues of DIY: The technical reference library for powerboaters and sailors. Every issue of DIY from 1995 to 2007, organized by year from cover to cover. 1995-2007 NeW D UpDate DIY Mechanic Marine Equipment Installations D UpDate To order call 1-888-658-BOAT or Shop Online at www.diy-boat.com Use Priority Code BMGA08C BoatU.S. Magazine January 2008 How to choose, install and operate equipment for your boat including: air conditioning and heating systems, audio systems, bow thrusters, davits, propane systems, refrigeration, windlasses and more. $9995 49 http://www.BoatUS.com/Seaworthy http://www.diy-boat.com http://www.diy-boat.com
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