Re: [Paddlewise] Nearly Fatal

From: ralph diaz <rdiaz_at_ix.netcom.com>
Date: Wed, 08 Mar 2000 07:43:04 -0800
> There is another problem for a manufacturer or retailer (disclaimer--I am
> both). Lawyers have told us that providing any safety information may make
> one more liable to a judgment against them in a lawsuit. The information
> provided will be used against the business. Lawyer for the victims heirs:
> "You provided safety information and the poor victim trusted you but you
> betrayed that trust when you failed to warn him of the very danger that
> killed him."
> Long ago my brother and I decided that even if providing safety information
> might make us more liable we would do it anyway in hopes that we would have
> less victims among our customers. Getting customers to read it all is
> sometimes difficult. It is much safer to offer books on the subject and let
> someone else be liable for the information, misinformation or lack of
> information provided in the book.

Two things:

1. I wasn't aware that legal advice being given has made those who sell
kayaks shy away from giving safety advice as you outline above.  Several
other dealers also mentioned this here as followups to Debbie's post.  I
don't wish to open up another can of worms because of the organization
involved, Matt, but didn't TASK at one point 10 years ago try to urge
that dealers and manufacturers give such basic saferty advice?  And
didn't it push or recommend that manufacturers affix a safety warning
sticker in their boats with a dozen provisos or warnings?  I really have
paid attention to what is in boats these days.  Nor do I go into
paddling shops much these days except the one here in NYC where Randy is
a good friend, we chat, I buy something small and then leave, but I am
not buying boats.

2.  I commend you and your brother for going ahead anyway to dish out
safety advice with the interests of the customers in mind, i.e. help
keep them alive.  If I lived in Seattle, I would shop in your shop any
day.  Easy enough for me to say as you do sell folding kayaks! :-) I
have heard from some of your folding kayak customers about how much you
truly are helpful in getting them off on the right track all the way
around.  So, thanks...I want them live and kicking...and sending
subscription checks in for the newsletter. :-)

ralph diaz


-- 
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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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Received on Wed Mar 08 2000 - 05:05:24 PST

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