ACCIDENTS AT SEA

[big_cod]

Who is to blame if a anglers on a charterboat has not got good sea legs and falls over with the roll of the boat and hurts himself on an angling trip, is it an act of god or is it self inflicted or what is it ?

Edited May 2, 2006 by big_cod

[Guest binatone]

Who is to blame if a anglers on a charterboat has not got good sea legs and falls over with the roll of the boat and hurts himself on an angling trip, is it an act of god or is it self inflicted or what is it ?

I suppose it depends on what he fell over? If it was oil on the decks for example I suppose the accident investigation people would put that down to bad work practices. I think I know where you’re coming from and all I can say is that when accident investigators investigate an accident, be it on land or sea they do not accept the concept that IT WAS JUST AN ACCIDENT. As far as there concerned accidents don’t just happen, there an unplanned event. You don’t plan to have an accident therefore you must have done something wrong for it to happen?

You can guarantee that if a passenger has an accident as regards to falling over (unless influenced by alcohol) that they (the authorities) will blame you for it.

[big_cod]

I suppose it depends on what he fell over? If it was oil on the decks for example I suppose the accident investigation people would put that down to bad work practices. I think I know where you’re coming from and all I can say is that when accident investigators investigate an accident, be it on land or sea they do not accept the concept that IT WAS JUST AN ACCIDENT. As far as there concerned accidents don’t just happen, there an unplanned event. You don’t plan to have an accident therefore you must have done something wrong for it to happen?

You can guarantee that if a passenger has an accident as regards to falling over (unless influenced by alcohol) that they (the authorities) will blame you for it.

 

So if you are on open top doulble decker bus and get struck by lightning who/s falt is it.

the bus drivers or the lord above.

How do you detere just how good a man is on his feet at sea some have far better sea-legs than others like i said the movement of the boat is not detured by the skipper it is detured by the sea so where do you draw the line.

Edited May 2, 2006 by big_cod

[Huge_Vitae]

Basically the skipper of the boat has "A duty of care" to his passengers to take such action as "is reasonable in the circumstance" to prevent them from harm or injury.

 

You are an experianced skipper and have taken a lot of people out. I am sure if you had a young person with you you would give them a special eye every now and again but in the main trust there care to their parent or who ever is with them.

 

When I have people out on my boat, even though they are non paying guests I would always keep an eye on the sea. When the 'condor' or one of the other very high speed or very large vessels pass by I always give a "wake warning" by shouting out Incoming wave. It is easy to do as you have to keep an eye on vessels near you anyway. We all know you cannot rely on a sphere on your mast or a white light to prevent some of the vessels out there doing their best to run you down!

 

If somebody goes over the side due to your negligence be it in whatever way you will be accountable. With the way things are going I would probably think some skipper is going to get sued because some dinnit hooks himself whilst on a makeral trip and sues because there was no label saying "warning hooks are sharp" or "do not eat these hooks" on the feathers

[big_cod]

Basically the skipper of the boat has "A duty of care" to his passengers to take such action as "is reasonable in the circumstance" to prevent them from harm or injury.

 

You are an experianced skipper and have taken a lot of people out. I am sure if you had a young person with you you would give them a special eye every now and again but in the main trust there care to their parent or who ever is with them.

 

When I have people out on my boat, even though they are non paying guests I would always keep an eye on the sea. When the 'condor' or one of the other very high speed or very large vessels pass by I always give a "wake warning" by shouting out Incoming wave. It is easy to do as you have to keep an eye on vessels near you anyway. We all know you cannot rely on a sphere on your mast or a white light to prevent some of the vessels out there doing their best to run you down!

 

If somebody goes over the side due to your negligence be it in whatever way you will be accountable. With the way things are going I would probably think some skipper is going to get sued because some dinnit hooks himself whilst on a makeral trip and sues because there was no label saying "warning hooks are sharp" or "do not eat these hooks" on the feathers

This is a very touchy subject its going to come to a point where passengers will be strapped in a chair at with a seatbelt on ,or superglue them to the floor.

[John E Ashford]

Are we going into unchartered waters with this one. SORRY

 

As the Skippper is the govenor of his boat, I'd say it was his responsibility to take any action before any unforseen accidents.

 

Insurance Cover, these costs should be included in the charge for chartering the boat.

 

Do Bona Fide Skippers have cover

 

Before chartering a boat! Do you ask, the Skipper, if in unexpected circumstances any one of those onboard does have an accident, are they covered?

 

As in all businesses, a liability cover has to be held by those responsible, in the event of the unexpected happening.

 

If your Skipper or boat is covered, then you can all go out fishing.

 

If the unexpected does happen, a Great 800 Ton White Whale leaps out of the sea and lands on the boat and kills all on board. It’s not a problem you’ll know you’re all covered.

[Ian Burrett]

Hi BC

The bit that worries me with our license is we are allowed out in favourable conditions, That is an subjective statement and would be hard to prove otherwise after any such event.

 

Fortunatley some of our best fishing is 10 yards of the rocks for Pollack, so we are able to go out in 6's and 7's in perfect safety as we fish a long peninsula and can launch either side. A mile out to sea can be a coldrun but we are in flat calm conditions close in. I suspect after any mishap the MCA would decree I shouldn't have been out in 6's an 7's even though the sea state is flat calm.

 

All you can do is make sure the Insurance premiums are paid Lol

[Huge_Vitae]

All you can do is make sure the Insurance premiums are paid Lol

And read the policy document 'cover to cover'..........

 

John E won't be very happy to learn after he is killed that death by whales is exempted

[Guest binatone]

So if you are on open top doulble decker bus and get struck by lightning who/s falt is it.

the bus drivers or the lord above.

How do you detere just how good a man is on his feet at sea some have far better sea-legs than others like i said the movement of the boat is not detured by the skipper it is detured by the sea so where do you draw the line.

I think you will find that the saying “what is reasonable practical” would come into play here. If you where going to go off to sea on a day that is going to be inclement weather, (depending on what you and the capabilities of your boat would class as inclement) would you worn or inform your anglers before you go? Would you have a notice on your vessel warning of movement of the boat? Do you inform your anglers that a boat can be a dangerous environment at the best of times? These precautions are reasonable practical and easy to comply to.

Or do you knot go to sea when you think that there is any possibility that an angler is going to fall over? That means that you don’t go to sea at all, this would not be reasonably practical and you would have to sell your boat and buy a bus with a lightning proof roof on it and run trips up and down the road to sands end.

You say that the movement of the boat is not detoured by the skipper but by the sea? O dear, so are you saying that you would handle your boat exactly the same regarding to weather you have anglers on board or not?

Edited May 2, 2006 by binatone

[M.P]

It don't matter weather you are a paying passenger, or on a free trip. Skippers, like car drivers have a duty by law to make sure all passengers or crew are safe.

 

A few years ago two well know local experienced anglers were fishing on board a boat called Purdey. This was a largish fully equipped fishing boat. The skipper was Dennis Haymen. His mate fell overboard when the wash from a large ship hit the boat, he was drowned.

Dennis faced a manslaughter charge.

 

I can't remember the outcome of this tragedy, maybe CJS..AKA Cliff Stone can elaborate on it.

 

The skipper is responsible for all crew and passengers, must be covered by insurance and must make sure that every safety precaution has been taken to prevent accidents. I think this also includes excessive drinking of alcohol. Also the boat should be licenced to carry paying passengers.

 

Not much different to the driver of a car, you are responsible to make sure your passengers wear their seat belts, the car is road worthy, not carrying more passengers then it's seating capacity etc etc. Injuries to passengers are at your risk.

 

THIS IS WHAT I HAVE BEEN TOLD.