[Paddlewise] Nearly Fatal and Always Damaging

I have been following the posts with a great deal of interest.  There is a 
kayak shop in the LA.A. area of S. Ca. that rents boats from a number of 
locations.  For the most part they are sit on tops, but they also rent 
boats with cockpits that should require a skirt, paddle float, pump to 
complete the bare minimum of safety equipment.  It surprises me, but they 
do not supply this equipment along with the rental.  They do provide 
PFD's.  Even if they provided the skirt, paddle float and pump would the 
renter know how to use them?  If not then should they be renting that 
particular boat in the first place.  Could a renter be instructed on how to 
perform a wet exit and be expected to do it without problem let alone a 
paddle float rescue and pump out of the boat?  The answers to these basic 
questions are some could and some couldn't.

In my opinion the shop has a moral obligation to their patrons to do their 
utmost to ensure a safe and enjoyable experience.  It doesn't take an ocean 
to drown.  I consider their failure to supply the paddle float, skirt and 
pump a serious breach and a hazardous practice at best.  It presents a 
situation that to easily leads to an unfortunate accident or results in 
someone who will never get back in a kayak should they walk away from it 
with no physical harm.  They walk away harmed in more than one way if not 
physical then emotional.

Last year while paddling white water I saw a young lady with an group and 
three instructors flip in class II water.  No big deal right.
Well, she panicked and tried to wet exit by pushing on each side of the 
boat.  With a tight neoprene skirt, that just wasn't going to happen.  At 
least fast enough to keep her from running out of air.  One of the 
instructors, a 16 year old, who is #2 in CA and wants to make it to the 
Olympics acted swiftly and saved the day (Dear Abby?????).

It only takes a second for a person to panic and all rational thinking is 
thrown right out the window.  A serious accident is then just a matter of 
luck if it doesn't happen.  Paddlers should be trained to respond to a 
situation and not react.  Most new paddlers haven't had that opportunity 
and I would like to see them make it to that point.  Rather they just 
purchased a boat or are renting to give kayaking a try.

I think the legal definition of  "Attractive Nuisance" might be appropriate 
here rather than "Gross Negligence" on the part of the shop owners, but I'm 
not an attorney.

Fred
Ca Kayaker

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