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Old 22 July 2013, 08:31   #21
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as we have all seen this loads and loads I gues I'd

1) move own boat out of the danger area
2) ask if I can help ( maybe explaining how I could help by holding a line etc or suggesting a possible solution - ie ' Maybe it would work if you .....' )

maybe even just 2) if it was within reason .

You'd have to be super unlucky to get someone holding you liable for 'help' as opposed to advice (for which you'd need Professional Indemnity Insurance) . If you are physically doing stuff and things break then you 'might' be covered under you public liability cover ( if you have it ) .
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Old 22 July 2013, 08:37   #22
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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.
Wont stop me giving advice or helping out, as doing nothing is as bad as screwing up! if you have a really good idea that someone is making a real hash of things and walk away, then surely you would be negligent???

In the case above then the lawyers would argue that ANYONE with any training or qualifications that may assist someone in trouble should walk away from anyone needing help. A pretty sad world we live in.
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Old 22 July 2013, 09:08   #23
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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.
Our civil legal system is based on cases and precedents, so if no or very few precedents have been set then there have been no cases, so no problem!

Also for every legal opinion there will be an opposing legal opinion, or we would not have courts, as everyone would agree on everything
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Old 24 July 2013, 16:32   #24
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Ha, I'd forgotten about this thread and it seems to have rumbled on. I actually jumped on the boat and with the skipper's full invite, took the helm, and all went well after.

It was only post event when considering the what ifs that set me thinking. It seems fair to say there is lack of consensus about liability and it may be decided on a case by case basis. Knowing insurers I suspect they would fight hard to not cover you!

Not sure I'd do the same again now unless in more serious danger. What a crazy world we live in!
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