Re: [Paddlewise] PFD Required??

I know the issue of liability is a tricky thing and in a sense you can
never fully reduce your exposure.  But if you have waivers, which people
ahead of time know they must sign, and you project an image of care and
responsible behavior, then you should go along way toward protecting
yourself.

Debbie's outline of what the Atlantic Sea Kayakers do (I'm a member) is
an example of this. The newsletter is great in leaving a paper trail of
safety consciousness.
 By stressing safety advice in the pages of its newsletter(and repeating
the basic safety philosophy of the group in every issue in a boiler
plate box), by offering opportunities for people to practice rescues and
rolls informally, and by pointing to where to get formal instruction and
help, Atlantic Sea Kayakers conveys such an image.
  
If one were ever dragged in court and could point to such things, it
would help enormously.

Now think what would happen in the opposite situation.  Suppose you have
a newsletter full of articles of paddlers risking their lives, paddling
in skivvies in winter and challenging storms and make it all out to be a
big lark.  Suppose group leaders make a big point in writing about
bringing a case of beer for big parties at lunch and being so drunk that
they kept falling out of their kayaks on the way home.  Suppose people
boasted about never wearing a PFD and using ratty torn up sprayskirts.
etc.  If anything were to go wrong for someone paddling with that group,
lawyers would have a field day.

On second thought, maybe the lawyers wouldn't have much of a case. 
Anyone stupid enough to paddle with those guys deserves anything they
get.  Debbie, for reduced liability sake maybe we should go back to the
drawing boards and change the whole focus and tone of Atlantic Sea
Kayakers.  :-)

ralph

Reeves, Debbie (Debbie) wrote:
>         The Atlantic Sea Kayakers, a group of about 150 spread over multiple
> states, has not pursued insurance either.  We have no officiers.  We produce
> a newsletter that includes articles focused on general water safety, cold
> water precautions, gear, weather, health, etc.  Each newsletter also carries
> the safety philosophy of the group (which is basically we are each in
> control of ourselves-noone will be forced from shore).  Also in the
> newsletter we encourage paddlers to pursue skill development, whether
> formally or informally.  For formal instruction, we list various sources
> (private companies, county courses, etc.).  Informally, our group  offers
> multiple sessions over the course of warm weather for folks to get together
> and work on their skills.  Calendar items are listed by fellow "subscribers"
> (subscribers of the newsletter).
> 
>         Debbie Reeves
>         Sandy Hook, NJ
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-- 
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Ralph Diaz . . . Folding Kayaker newsletter
PO Box 0754, New York, NY 10024
Tel: 212-724-5069; E-mail: rdiaz_at_ix.netcom.com
"Where's your sea kayak?"----"It's in the bag."
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