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Old 21 July 2013, 03:15   #11
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Red thunder

I love these myths that get generated by people proclaiming to be experts. Your kitesurfing trainer should know better



What is the difference between giving advice on a forum and on the beach?
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Old 21 July 2013, 04:47   #12
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I think leave it alone as I think as a commercial skipper if you give advise and they cock it up you may be liable. I was told this while being a kitesurfing instructor that if somebody asked my advice on the beach ( not in a booked lesson) and they hurt themselves because of my advice say doing a new trick or something. Sad but I think that's the case correct me if I'm wrong
As you say, "sad" world when people feel unable to offer a bit of friendly help or advice, it's akin to reading the rag headlines about the very rare occasion where someone does to the aid of a child, gets sued and then we assume that everyone is going to react in the same way....sometimes you just gotta grow a pair and work on the basis that you would have to be very unlucky to get sued, otherwise people will walk by when we really need help?
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Old 21 July 2013, 04:54   #13
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e) Something else


Kindly offer your help from shore.
Jumping onto the boat without invitation is an unacceptable assault.
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Old 21 July 2013, 04:59   #14
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e) Something else

Draft a written disclaimer agreement, arrange to meet at the respective lawyers' office and sign n witness, before proceeding
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Old 21 July 2013, 05:53   #15
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If you offer advice, then it is up to the person to take or not take that advice! if they do, then there should not be any problem, it should not make any difference if you are a professional skipper, as if you are not employed (ie paid) by them, then you have no liabilities.
I am sure a legal eagle would correct me, but from what I remember about contract law, is that you need something of value to be exchanged between the parties (or the promise of value) to constitute a contract. Offering to lend a hand is not a contract, as nothing is implied or given in return.
Law of Tort is different, but I would not have though it applied here, or in many cases.

It is so sad that many people think of "what happens if i get sued" before offering help. A search might show that British courts deal with very little in the way good samaritans getting sued for helping, as opposed to the American courts which seem to be reporting such cases often.

If i see someone who needs a hand, I offer, If they decline, no problems I go on my way, often they are very grateful for the help. I have towed people out of floods, out of ditches when its been snowy, or broken down, I dont worry about getting sued because i dont think it is a realistic probability.
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Old 22 July 2013, 01:11   #16
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Quote:
Originally Posted by redthunder View Post
I think leave it alone as I think as a commercial skipper if you give advise and they cock it up you may be liable. I was told this while being a kitesurfing instructor that if somebody asked my advice on the beach ( not in a booked lesson) and they hurt themselves because of my advice say doing a new trick or something. Sad but I think that's the case correct me if I'm wrong
If the advice you give is correct, you've got nothing to worry about. It's only if you are negligent and gave bad advice that you could be liable
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Old 22 July 2013, 02:06   #17
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Your profession is against you!!

I have just asked my legal eagle (wife) about this and if you act and it goes wrong even if they don't know what you do for a living you would be responsible to a court as it would not be classed as an action by a Good Samaritan.
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Old 22 July 2013, 03:10   #18
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Shouldn't we be responsible about these sorts of things and provide guidance?

If we are professional and know what this 'Skipper' should be doing then let's tell them. if they don't do what we suggest and they c*ck up then we can at least sleep nights. If there is a subsequent court case (this would, from my knowledge, not be instigated by insurers) then, if we're called to give evidence, we can honestly tell the court what actions we 'suggested' should be carried out and what actions were actually carried out.

Of course, if we c*cked up then it's our fault and maybe we're not as good a Skipper as we thought we were!
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Old 22 July 2013, 03:13   #19
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Your profession is against you!!

I have just asked my legal eagle (wife) about this and if you act and it goes wrong even if they don't know what you do for a living you would be responsible to a court as it would not be classed as an action by a Good Samaritan.
are you sure? If advise is given with the best intentions and it goes wrong how could they be liable? as

1: there will always be a difference in what was claimed to have been said verbally
2: you have the right to say what you want apart from the obvious things like race, religion etc but I did not see advice on that list?
3: what about forums and all the other advice that is given daily. If you are right would there not be millions or at least thousands of court cases every day resolving these issues?
4: Just because you give advice does not mean the person needs to take it.
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Old 22 July 2013, 05:26   #20
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I don't know about other professions, but my professional institution (RICS) warns us that any advice we give, paid or otherwise can lead to liability if we are negligent. I guess it is one of those leagal issues for which there aren't a great deal of precedents yet (except in America of course) and also the professional bodies trying to uphold standards at all times.
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