Re: [Paddlewise] Not to wear a PFD is a Deadly Choice

> top third of his law school class. Do kayak rental companies not 
> bother to query patrons on their experience?  Did they not know 
> how rough the waters were at this time of the year and explain so
> for the sake of precaution for the welfare of it's rental patrons 

On water conditions, and kayak rentals.  Most kayaks rented in 
Seabrook are used in some extremely well protected bay waters.
The outside water conditions are basically irrelevant to the water 
condition of Clear Lake, Mud Lake, and Armand Bayou which are
the names of the most likely kayaking spots.  Even Galveston
and Trinity bays are protected to a certain extent.  It is also true 
that our bays are notoriously shallow.  ie lots of chop, but no such
thing as a tall wave.

It probably never crossed the renters mind that this guy would take 
the rental kayak and head offshore, especially considering the surf
conditions ahead of this front.

On "time of year"; this is actually *the* time of year to do offshore
kayaking in Texas, but you have to time it with the fronts.  Ahead of
the fronts, we get S and SE winds and big surf; but once the front 
passes, the N and NW winds flatten the near shore gulf like glass.
I've seen Galveston island with absolutely no wave action; though 
that extreme is pretty rare.  Ripply water is not so rare this time
of year.  The only bad thing about this is you have to paddle back 
in against the wind, which can be tiring if you've spent the day
diving or trolling.

> and make certain that they must wear a PFD as a rental 
> condition? 

How do you tell someone to put on their PFD when they are
twenty miles away, and 2 miles offshore?

> What exactly is the liability of a boat or kayak rental company 
> in such a context?

> Moreover, you don't want to be caught in a boat without wearing
> a PFD by the RCMP. Are boat rental companies not liable in any way
> for their rental customers? Are there not laws in Texas that require
> recreation boaters to wear PFD's? We had a guy drown in from a canoe

No.  Texas law says you have to have one approved PFD per 
person aboard.  Only minors are required to wear them.  Texas law 
is not designed to protect adults from their own stupidity.

> Being that the USA is the most litigious society on earth I would
> not be surprised if someone did make a case out of this unfortunate
> and unnecessary death.

Might, but who could you sue?  No deep pockets are involved.  You 
can be dirt poor and have a storefront in this area.  One look at the
shops financial records and any civil attorney would drop the case 
like a rotten stingray.

> to who they rent to. I hate to read about anyone drowning but especially
> drowning from stupidity. Anyone have any commentary to offer about
> rental companies?

Guy walks in: "I wanna rent a kayak."
Clerk: "Ok, where you headed?"
Customer: "Just out fishing in Dickinson bay"
Clerk: "Ok, thats $45, pfd, paddle, boat inclusive."
...
Later that afternoon...
Customer puts boat in off Galveston Island, and heads offshore, no 
where near the protected waters of Dickinson bay.  So exactly 
what good does the screening process do?


Richard Walker
Houston, TX
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