RE: [Paddlewise] Nearly Fatal

From: Shawn W. Baker <baker_at_montana.com>
Date: Mon, 06 Mar 2000 13:56:05 -0700
Rob Cookson wrote:
>Now hold on a minute, did I read this right?  Are you accusing the dealer of
>gross negligence based on the statements we have seen here?  Has anyone
>spoken with the salesperson that sold the craft?  Based on this you are
>trying to figure out a way to "deal with" this particular dealer?  Sounds
>like a quick and speedy trial by email to me.  Unless you have far more
>information than you are sharing here I think you are being quite unfair.

Debbie wrote:
>The boat is an Oldtown Loon, probably 14 ft.  No bulkheads.  No visible 
>floatation. Nothing on deck other than a fishing pole under the bungees.
>..
>He had purchased his boat the week before and was never told anything about
>the hazards of cold water.  He had no previous water sports experience.  He
>was told that his boat had "built-in" flotation and all he needed was a PFD.
>He did not know anything about sprayskirts, pumps or paddlefloats.

Rob, while I agree with your contention that a general "blame the
dealer" mentality is ultimately bad for our industry, from Debbie's
statement, I would say that the dealer was, in fact, negligent to some
(debatable) degree.  She said that she looked inside and saw no
flotation.  TheWetOne was told the boat didn't need any additional
flotation.  That's pretty gross negligence.  Not saying anything would
have been less negligent!  

It sounds like the guy did ask some questions at the dealership, but was
told very little.  C'mon, the dealer is in the business of selling
kayaking gear; we can both agree on that.  They missed out big time, not
selling the guy a paddlefloat, pump, sprayskirt, and some float bags.

Ralph Diaz also wrote:
> I think we will have to put our heads together
> to figure out the most effective way to deal with this with this
> particular dealer.  But I don't want to rush into anything without
> thinking about it.

Sounds like a pretty sane statement, doesn't sound like a "trial by
email" to me.

Debbie raised some very, very good points.  She did not name the dealer,
just raised some issues.  Naming the dealer and calling for an open
boycott would be a trial by email.  Issues were raised that need to be
addressed.  The discussion and solution of those issues in this forum
could quite possibly alleviate future regulation.

Nobody said the dealer should be sued.  The dealer should be educated to
better educate their customers.  The dealer is the first entity seen by
the New Paddler.  If the dealer as an education resource is bypassed,
natural selection is going to kill a bunch of ignorant (ignorant: "they
don't know any better") people, and THAT will result in regulation.

Like you said, it all boils down to personal responsibility, but people
need to be exposed to safety resources to be able to make safe (or not
safe, for that matter) choices.  If you don't have a clue about what is
safe and what is not safe, then personal responsibility doesn't mean
much.  

If you won't paddle with people who don't wear PFD's, do they know that
you won't paddle with them because of that choice or do you just leave
them wondering?

I personally don't think that dealers should be legally liable for the
good or bad choices made by their customers, but I do believe that they
have a moral obligation to let their customers know that there are risks
associated with kayaking.

Shawn
 
Shawn W. Baker          0                                    46°53'N
© 2000            ____©/______                              114°06'W
~^~^~^~^~^~^~^~^~^\  ,/      /~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^
baker_at_montana.com    0        http://www.missoulaconcrete.com/shawn/
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Received on Mon Mar 06 2000 - 12:57:18 PST

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