Reply
 
Thread Tools Search this Thread
 
Old 03 August 2014, 05:46   #11
Member
 
Country: UK - England
Town: Mighty Penryn
Boat name: Little Joe.
Make: Avon Searider
Length: 4m +
Engine: Honda BF50
Join Date: Aug 2005
Posts: 8,841
There tolls the death knell of commercial fast boat operations. :-(
__________________

__________________
Mollers is offline   Reply With Quote
Old 03 August 2014, 06:22   #12
Member
 
AMac's Avatar
 
Country: UK - Scotland
Town: Dunoon
Boat name: Celtic Wanderer
Make: Ribcraft
Length: 9m +
Engine: Volvo D6, Honda
MMSI: 235087784
Join Date: Nov 2011
Posts: 205
Waiver isn't worth the paper it's written on !
But most clients like to see and sign something. I get them to sign a basic form about there health ( no back or bone problems, medication, epilepsy, pregnancy and are they on / carry medication for anything or anything they think I should know about )and that they have had a safety briefing etc.
As a commercial operator it is in your interests to give a very concise safety briefing before the clients are on the boat and another when on board, this is more important than a "waiver"
You say fast tours, check your insurance as you will more than likely find you are limited to around 25 knts by the insurance companies, I had to get my policy wording changed to state a higher max speed when carrying customers !

ITS A BLOODY MINEFIELD !!!
__________________

__________________
AMac is offline   Reply With Quote
Old 03 August 2014, 06:30   #13
RIBnet admin team
 
willk's Avatar
 
Country: Ireland
Make: Redbay Boats
Length: 9m +
Engine: 370hp
Join Date: Feb 2008
Posts: 12,928
RIBase
Quote:
Originally Posted by AMac View Post
ITS A BLOODY MINEFIELD !!!
No wonder you're having insurance issues!

Agreed about the safety briefing - questioning pre-existing conditions, highlighting seating positions, handholds, how to get helm's attention as well as the usual MOB/fire stuff.
__________________
"Who knows what evil lurks in the hearts of men?"
.
willk is offline   Reply With Quote
Old 03 August 2014, 06:37   #14
Member
 
Country: UK - England
Length: 3m +
Join Date: Sep 2008
Posts: 2,251
Wouldn't dispute that - thats about your risk assessment and adjusting your control measures for your specific clients. And that if something does go wrong you have the right information to hand over to whoever might need it.

Signing to say they've had a briefing is covering your a**e (which is fine in the modern world) - but when all 12 people on board say they signed the forms before getting on board and don't recall either a briefing before getting on board or after getting on board (or don't remember the specific thing you needed to tell them that they didn't do) it'll still be your word vs theres...
__________________
ShinyShoe is offline   Reply With Quote
Old 03 August 2014, 07:33   #15
Member
 
Silverfox's Avatar
 
Country: UK - England
Town: Mallorca
Boat name: Amaroo
Make: Jeanneau & Seago 2.6
Length: 7m +
Engine: Outboard 200hp & 4hp
MMSI: 235104224
Join Date: Jun 2011
Posts: 543
Quote:
Originally Posted by ShinyShoe View Post
Ironically I suspect a court would give more credence to a waiver from a non-commercial operator! As a commercial operator (or even a non-commercial operator) he has a duty of care to his passengers/clients/customers. If operating in the UK he has responsibilities under the Health & Safety at Work Act and a disclaimer can't waive those responsibilities...

It can say that the activity has inherent dangers and that the operator will take reasonable measures to reduce those dangers but can not fully eliminate the dangers. But it will be for the court to decide if they actually did put in enough control measures. The presence of the disclaimer will make no difference. And wheeling out the disclaimer in court may be a bad thing as it is saying "we knew we hadn't eliminated all the risks but we thought we'd try and weasel out of our responsibilities"
Correct.
__________________
Will.

"By skill not force."
Silverfox is offline   Reply With Quote
Old 03 August 2014, 07:43   #16
Member
 
Maximus's Avatar
 
Country: UK - England
Town: Wild West
Boat name: No Boat
Make: No Boat
Length: under 3m
Join Date: Jan 2008
Posts: 4,272
Send a message via AIM to Maximus
Quote:
Originally Posted by willk View Post
He's a commercial operator Maxi - so it's a fair question, no?
Fair enough,....must be Nightmare taking out scores of Numpys with a healthy sprinkling of pre-disposed well camouflaged 'Serial Claimers'!
__________________
A clever Man learns by his mistakes..
A Wise Man learns by other people's!

The Road to HELL ..is Paved with "Good inventions!"
Maximus is offline   Reply With Quote
Old 03 August 2014, 08:07   #17
Member
 
Country: UK - England
Town: Mighty Penryn
Boat name: Little Joe.
Make: Avon Searider
Length: 4m +
Engine: Honda BF50
Join Date: Aug 2005
Posts: 8,841
Quote:
Originally Posted by Maximus View Post
Fair enough,....must be Nightmare taking out scores of Numpys with a healthy sprinkling of pre-disposed well camouflaged 'Serial Claimers'!
Almost ripe for the taking in this day and age. One of our kids had a slight coming together on a r/about recently. By the time that the fuzz turned up, the whole scummy family were holding their necks.
__________________
Mollers is offline   Reply With Quote
Old 03 August 2014, 08:24   #18
Member
 
kerny's Avatar
 
Country: UK - England
Town: Ashton-under-Lyne Lancs
Boat name: IMOGEN
Make: Air-Craft 5.4
Length: 5m +
Engine: Etec 60
MMSI: 235087492
Join Date: May 2010
Posts: 7,040
RIBase
Send a message via Skype™ to kerny
The only people I blame for this compensation claiming culture are the Lawyers who are making mega dosh. My father in laws always says never trust banks and insurance companies but I think that lawyers come very close too.

Any legal eagles on here
__________________
Member of S.A.B.S. (Lancashire Division)
kerny is offline   Reply With Quote
Old 03 August 2014, 08:28   #19
Member
 
Country: UK - England
Town: Mighty Penryn
Boat name: Little Joe.
Make: Avon Searider
Length: 4m +
Engine: Honda BF50
Join Date: Aug 2005
Posts: 8,841
Quote:
Originally Posted by kerny View Post
The only people I blame for this compensation claiming culture are the Lawyers who are making mega dosh. My father in laws always says never trust banks and insurance companies but I think that lawyers come very close too.

Any legal eagles on here
Heard on the radio this morning that the max that can be claimed by the ambulance chasers in fees for motoring derived 'personal injury' claims, has been dropped from 700 to 180.

Gonna have to work hard to make wages out of that.
__________________
Mollers is offline   Reply With Quote
Old 03 August 2014, 08:31   #20
Member
 
Country: UK - England
Length: 3m +
Join Date: Sep 2008
Posts: 2,251
NO. The max that the doctor can claim for writing you a letter that says you have a sore neck has dropped to 180 from 700, which makes the incentive for the doc to write it even if its sh*te less. But if he/she writes it and the court agrees you as the victim will be able to make a legitimate claim for things like loss of earnings, compensation etc...
__________________

__________________
ShinyShoe is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off





Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -5. The time now is 13:42.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.