Owner 's liability
- Thread starter Dakartimm
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Timm R, Simply inform your guests before them come aboard that all
injured passengers are tossed over board. ;D !! That you just don't have time to fool around with careless people. Therefore you strongly advise that they exercize extreme caution in all that they endeavor.
injured passengers are tossed over board. ;D !! That you just don't have time to fool around with careless people. Therefore you strongly advise that they exercize extreme caution in all that they endeavor.
WAGES?????
If someone on your boat gets hurt, and is of the litigation persuasion, then the wages would more than likely be a minor part of your problem.
If someone on your boat gets hurt, and is of the litigation persuasion, then the wages would more than likely be a minor part of your problem.
If you dont have ins.
there is nothing to worry about. Lawyers are not going to chase paper dragons, unless of course, you are wealthy.
there is nothing to worry about. Lawyers are not going to chase paper dragons, unless of course, you are wealthy.
Litigation ----
In a country that has more lawyers than it actually needs, and has a tort system that is out of control, anyone at any time can expect to be 'sued'. Obviously what drives litigation is: the deeper your pockets the more chance of a suit. If you have assets and those assets are known the greater the risk of suit. Certainly, I'd never ever disclose the value of the liability portion of my insurance policy to anyone ... as such a disclosure, and more, become the instant target for any claim. Sorry, but thats the way it is when people play the 'liability lotto'. The best advice is to actually and carefully READ all the fine print 'boilerplate' of your insurance policy and see if the 'limits' of your policy matches your financial condition. If you are 'well heeled' and are very concerned about your risk exposure, you might want to discuss with your insurer about having your guests sign a legal 'waiver' each and every time they are on your boat in which they acknowledge the full potential of their 'risk' ... as sailing can be dangerous. I do. Personally, I keep attorneys or family members of attorneys, those who have been the plaintiffs in similar lawsuits .... OFF my boat, its just too damn financially risky. Unfortunately, the current USA legal system is based totally on greed and the overt attack potential of anyone with 'deep pockets', rather than personal responsibility (yours and your 'guests') and ....... truth. If you live in a country other than the USA (or Chile), you wont have such a 'problem' as many other countries put a limit on the 'numbers' of lawyers - for apparent very good reason.
In a country that has more lawyers than it actually needs, and has a tort system that is out of control, anyone at any time can expect to be 'sued'. Obviously what drives litigation is: the deeper your pockets the more chance of a suit. If you have assets and those assets are known the greater the risk of suit. Certainly, I'd never ever disclose the value of the liability portion of my insurance policy to anyone ... as such a disclosure, and more, become the instant target for any claim. Sorry, but thats the way it is when people play the 'liability lotto'. The best advice is to actually and carefully READ all the fine print 'boilerplate' of your insurance policy and see if the 'limits' of your policy matches your financial condition. If you are 'well heeled' and are very concerned about your risk exposure, you might want to discuss with your insurer about having your guests sign a legal 'waiver' each and every time they are on your boat in which they acknowledge the full potential of their 'risk' ... as sailing can be dangerous. I do. Personally, I keep attorneys or family members of attorneys, those who have been the plaintiffs in similar lawsuits .... OFF my boat, its just too damn financially risky. Unfortunately, the current USA legal system is based totally on greed and the overt attack potential of anyone with 'deep pockets', rather than personal responsibility (yours and your 'guests') and ....... truth. If you live in a country other than the USA (or Chile), you wont have such a 'problem' as many other countries put a limit on the 'numbers' of lawyers - for apparent very good reason.
Waivers
In most states, waivers are really useless. You are responsible for guests on your property no matter how many waivers they sign. Also, asking a guest to sign a waiver is really offensive. Why not ask them to sign a waiver when they visit you at home? Better yet, have them FAX it to you so you will think you are covered before they exit their auto in your driveway? Rich: I totally agree with your statement "other countries limit the 'numbers' of lawyers - for apparent very good reason." Also note that in th US, in many cases, even though you ask for legal fees and you win, the judge doesnt always award them to you. Each party pays their own fees. In many foreign countries, loser pays all. That also slows down the frivolous lawsuits with the atty's ads "if you dont win, you dont owe me a dime" IMHO Tony B
In most states, waivers are really useless. You are responsible for guests on your property no matter how many waivers they sign. Also, asking a guest to sign a waiver is really offensive. Why not ask them to sign a waiver when they visit you at home? Better yet, have them FAX it to you so you will think you are covered before they exit their auto in your driveway? Rich: I totally agree with your statement "other countries limit the 'numbers' of lawyers - for apparent very good reason." Also note that in th US, in many cases, even though you ask for legal fees and you win, the judge doesnt always award them to you. Each party pays their own fees. In many foreign countries, loser pays all. That also slows down the frivolous lawsuits with the atty's ads "if you dont win, you dont owe me a dime" IMHO Tony B
Liability exposure
If memory serves me, your exposure is the same as for a person injured at your residence or in your vehicle, so yes, they can claim for lost income as economic damages assuming that you were in fact negligent and that negligence forseeably caused or contributed to their injury. Is liability insurance a good idea? Yeah, for the same reason its good to have for your home or vehicle. As previously noted, read it before you buy it. If you have questions, ask them and insist on a straight, understandable answer. After all, its your money, especially if someone is making a claim against you. The Jones Act and Longshoreman Act cover people working on or around vessels in commercial service. Jim Kolstoe, h23 Kara's Boo
If memory serves me, your exposure is the same as for a person injured at your residence or in your vehicle, so yes, they can claim for lost income as economic damages assuming that you were in fact negligent and that negligence forseeably caused or contributed to their injury. Is liability insurance a good idea? Yeah, for the same reason its good to have for your home or vehicle. As previously noted, read it before you buy it. If you have questions, ask them and insist on a straight, understandable answer. After all, its your money, especially if someone is making a claim against you. The Jones Act and Longshoreman Act cover people working on or around vessels in commercial service. Jim Kolstoe, h23 Kara's Boo
Maryland has a contributory negligence law. It means that if you warn someone of
involved and tell them how to avoid that danger and they muck around and get hurt anyway. The judge will want to know if they are slow learners.
involved and tell them how to avoid that danger and they muck around and get hurt anyway. The judge will want to know if they are slow learners.
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