High Mark L

Yes, I think we are going to agree to disagree here.

I disagree that having safety boats shifts any responsability from the guy who goes out sailing in a high preformance boat.
MS I see it the other way.

I believe the onus still rests with the skipper. We may have to agree to disagree on this point as while it's clear as a bell as far as marine law is concerned, in tort land anything goes. The best defence is to do everything you can to increase the odds of safety.

MS I see this one the other way as well.
I don’t think you can meet this standard because when do the odds shift in your favor? 1 saftey for every 10… to as many as 1 saftey for every cat? When is it safe enough and how do you judge that its safe enough…


And that is what having a lot of safety boats around does.
Increase the odds that someone will be available to help. To say that since there may be incompetent people in some of those boats, and therefore can't promise X level of expertice in rescue, then we shouldn't have them around is a kind of an "all or nothing" game.

MS Point of fact.. I am not making this all or nothing argument.
I am saying that inexperienced or incompetent but well meaning people on power boats does not increase safety on the water. I think the onus is on you to prove that more safety boats increases safety. After all… the racing rules and maritime rules leave this issue strictly up to the skipper.


So what's P.U. to do? Not recommend them just because it might be a minor (and I believe minor) irritation to the insurance company's lawyers? No way. You don't want to be trapped into the mindset that every little thing that a lawyer could say in court is going to win the case. Want to look bad? Have no extra safety boats around and have someone testify that they weren't there because they might make the racers feel too safe.

MS Again I think we agree to disagree.
I think PU should retract all of his comments with respect to safety because they are not needed. As a PRO he should deal with issues about managing the race course. As a sailor, I will deal with issues about my safety and the safety of any sailor in distress that I happen on according to the maritime and racing rules.
As a club officer… I certainly do not want to be tagged as running an unsafe regatta because I don’t have 1 safety boat per 10 cats. Better to say nothing about this issue in my opinion.

The addition of extra safety boats does not in and of itself create any implyed contract absolving the skippers of thier obligations to thier own and crews safety.
It is entirly possible to be the worlds best sailor, with the best equipment, and still be in need of assistance on
on occasion.

MS Wow! we agree!

Thanks for the very respectful debate. I understand and sympathize with your position (actually started out on your side of the fence) however in the end I land on the other side (sorting through the issues as a club officer gives you a very different point of view)

Take Care
Mark Schneider


ps. Sorry Mike F... this little typing box allows you to type things that you might not want to see the light of day. saftey.. sssh.