Reasonable expectations?
Isn't the issue, that the Mac's target buyer is very likely the inexperienced family looking for a easy experience with options (ski or sail ?!@) as opposed to someone who's been sailing boats that you sit on as opposed to sitting in...Two very different buyers. We probably all agree that everyone should be responsible enough to not walk blindly into a dangerous situation but were these "guests" not given a reasonable impression that this adventure was well thought out and therefore safe. How many of us have handed our guest the manual of our boats before they step aboard. What would we think if they asked?
The quote below is from Sailing Anarchy's site and quotes from their manual. Until I read this, I was felt that the Charity and the captain were soley responsible but after reading this I wonder who in their right mind would actually READ all of this and still purchase this boat. It sounds like a booby trap to me.
I still feel that the Charity is most to blame for ever having a boat like this in their stable of boat to take GROUPS of non sailors out on.......trusting people, like it or not.
This is taken from Sailing Anarchy
who is to blame?
Nobody with any sense would take a MacGregor out of the bay, but what happens when one flips over, and two people die, in the bay?? The MacGregor in this instance was alleged to be a water ballasted 26 - a dubious enough boat made even more so when you read the Owner's Manual. We have excerpted some below.
There is no question that the issue of liability is going to be raised in this tragedy. Is the manufacturer responsible for such a creation, or can it be chalked up to negligence, or operator error? Maybe nobody onboard had any idea...? This picture shows the boat on the day of the accident. Wow.
STABILITY.
Unless the water ballast tank is completely full, with 1000 pounds of water ballast, the sailboat is not self-righting. Without the water ballast, the boat may not return to an upright position if the boat is tipped more than 60 degrees, and can capsize like most non-ballasted sailboats.
The MacGregor is big, but relatively light, and excessive crew weight can overpower the basic stability of the boat. For this reason, we have placed the restrictions on crew capacity, shown in
the preceeding section.
OPERATING WITHOUTWATER BALLAST.
There may be times when you wish to operate the boat with an empty ballast tank. For example, when pulling a water skier, when trying to conserve fuel, when a faster ride is desired, or when you are in the process of filling the tank. Since only a few miles per hour are lost with a full tank, we recommend that most of your use of the boat be with a full tank. If the tank is empty, carry no more than
4 persons, or 640 pounds.
When operating with an empty ballast tank, keep the crew weight aft, low in the boat, and centered from side to side. Keep the crew in the cockpit, sitting down. The rear of the hull is relatively flat, and the nose area has a deep V to allow the boat to slide through waves with less slamming. If there is a lot of crew weight forward, the flat part of the hull bottom, which normally provides the stability, is raised higher out of the water, and is less effective in providing sideways stability. With the crew weight forward, the nose is depressed. The deep V nose shape does not contribute much to stability. When excess weight is at the front of the boat, the less stable nose area is carrying more of the weight of the boat and crew, the boat becomes far more easily tipped. Keep weight off of the forward V berth when under way, and avoid storing heavy items under the V berth. Crew members on the foredeck or cabin top are far more likely to get bounced out of the boat than those in the cockpit or inside the cabin. Anyone on the cabin top will have a natural tendency to grab the mast or mast support wires if the boat tips. That puts a heavy load high on the mast and tends to lever the boat over. Keep the weight low. Obviously, it is best to have the crew positioned so the boat sits or rides level rather than leaning to one side or the other.
Do not have the sails up when the ballast tank is empty. They can produce a very strong sideways force and capsize the boat. If the waves are larger than one foot, they can induce a lot of rolling motion and compromise stability. Keep the ballast tank full in such conditions. If you are operating where the chance of outside rescue is slim, where conditions are rough, or where the water is cold and uninviting, fill the ballast tank. You will go slower, but you will be a lot safer. A full ballast tank gives greater safety.