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Old 09 February 2013, 11:24   #21
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or slow down?
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Old 10 February 2013, 05:34   #22
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I understand that shock absorbing seats will assist but, based on this case, it still might not have prevented the injury to this woman's back. The important point in this case is that we should all advise our passengers to use their legs in the first instance to shock absorb.

When I did my Level 2 P/B I was not advised by the instructor to do so. To me, mind you, it does seem to be the most natural thing to do without being told.

Also, how many times have we asked our passengers if they have any possible back issues before we take them out. My instructor asked if we had any health problems but did not especially highlight back problems.

In this litigious world we live, we could be leaving ourselves or our insurers vulnerable to claims and that is not a good road to go down.
What do you do when these questions are asked but then the injured denies it to enable a law suit?
Are we looking at signing to say a full a safety briefing has been received?
its amazing how people manage to forget when making a claim.
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Old 10 February 2013, 05:58   #23
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What do you do when these questions are asked but then the injured denies it to enable a law suit?
Are we looking at signing to say a full a safety briefing has been received?
its amazing how people manage to forget when making a claim.
Been there done that ..... amazing how the truth gets told when the paramedic turns up
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Old 10 February 2013, 06:40   #24
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What do you do when these questions are asked but then the injured denies it to enable a law suit?
Are we looking at signing to say a full a safety briefing has been received?
In a commercial environment, signing off the brief as "completed" in the log will be a help. A preprinted checklist and safety briefing can't be very hard to do and will focus everyone's attention.
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Old 10 February 2013, 08:37   #25
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Something to be said for the aircraft industry on this one. A short video briefing which is shown - impossible to forget something. yes people may stop listening, but people will remember being shown a video even if they don't recall its content. Has the advantage of being able to show things like an inflated lifejacket...
In the modern world you could have that on a 70 android tablet, play it in your car on the slip way before they get close to getting wet.
I'm sure someone could devise some electronic means to document it was played too.

Something makes me thing the lighthouse guys got this wrong - if they had used some common sense they'd have realised she would sue over loss of earnings and so they could just have paid her full pay till she came back to work and then she has no loss of earnings to claim... It was 25k not exactly a fortune. They could then have got in the arguement with their contractor about the money.
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Old 10 February 2013, 08:41   #26
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Alas the best briefing signed and witnessed by a judge, a virgin and the son of God himself won't stop a claim.....

It's just easy money for people who don't know what the meaning of 'accident'.....we see it all the time at work....
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Old 10 February 2013, 08:43   #27
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Something to be said for the aircraft industry on this one. A short video briefing which is shown - impossible to forget something. yes people may stop listening, but people will remember being shown a video even if they don't recall its content. Has the advantage of being able to show things like an inflated lifejacket...
In the modern world you could have that on a 70 android tablet, play it in your car on the slip way before they get close to getting wet.
I'm sure someone could devise some electronic means to document it was played too.

Something makes me thing the lighthouse guys got this wrong - if they had used some common sense they'd have realised she would sue over loss of earnings and so they could just have paid her full pay till she came back to work and then she has no loss of earnings to claim... It was 25k not exactly a fortune. They could then have got in the arguement with their contractor about the money.
We are in the process of talking through a vid/cd package for PCA members to play to cleints on board yachts and crusiers as they get their safety briefing. We will also add a section for RIBs, boarding between boats and the health risks attached to fast boats.

All our briefings follow a process from showing / fitting lifejackets, explain procceedure for emergencies and kit locations and then heavily focus on injuries past and present, health and they sign a form stating they have disclosed relevant info. Still has been ignored a Peter M said they only tell you when something occurs
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Old 10 February 2013, 08:52   #28
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Alas the best briefing signed and witnessed by a judge, a virgin and the son of God himself won't stop a claim.....
Certainly wont. But some (not all) claims will nose dive as a result because the "I wasn't told about the risk, wasn't shown how to reduce the risk" arguement can't be used.

I think even in this case if she had been told of the risk and the judge accepted that she was told and told how to reduce the risk it probably wouldn't have mattered as I think the Judge felt the skipper should have slowed down to mitigate the risk, something she wasn't able to do.
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Old 10 February 2013, 09:06   #29
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Certainly wont. But some (not all) claims will nose dive as a result because the "I wasn't told about the risk, wasn't shown how to reduce the risk" arguement can't be used.

I think even in this case if she had been told of the risk and the judge accepted that she was told and told how to reduce the risk it probably wouldn't have mattered as I think the Judge felt the skipper should have slowed down to mitigate the risk, something she wasn't able to do.
Yes to all of that.

Briefings are only there to warn and inform. Once the skipper has been implicated in an injury, it's not going to help. However, if the sh1t hits the fan and it all ends in court, following procedures will work in your favour - if only to divide/reduce liability.

Putting the general public through a washing machine ride for money doesn't have a happy future, IMO.
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Old 10 February 2013, 09:18   #30
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Certainly wont. But some (not all) claims will nose dive as a result because the "I wasn't told about the risk, wasn't shown how to reduce the risk" arguement can't be used.

I think even in this case if she had been told of the risk and the judge accepted that she was told and told how to reduce the risk it probably wouldn't have mattered as I think the Judge felt the skipper should have slowed down to mitigate the risk, something she wasn't able to do.
Your right but we all know what it's like driving in waves. The throttle is on and off regularly and the wave you thought you had read suddenly disappears from under you or breaks early. Speed is dictated by the conditions and the boat and even then we all fall hard sometimes.
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