>"I can't imagine any outfitter agreeing to that. If you certify me as competent, take my $$ and rent me a boat, and I drown, who's responsible for my death? For the benefit of our international correspondents, I'll answer the question: you are, unless your lawyer is better than mine." --------- I think the question is not necessarily for the fact of a rental operator 'renting' you a boat ... Can a student 'sue' his teacher or professor who is properly certified to teach, because that student didn't learn enough in class? Or in the case mentioned the other day .... sue the saleman that sold the boat that the guy blew up at the fuel dock.? This thread started concerning 'guides' who offer their services as guides, or instructors who offer their services as 'teachers', or someone that goes out and buys a boat that he knows nothing about .... there should be some sort of guideline or certification on their knowledge or abilities. In the case of a 'rental operator' .... a certification that his boats are inspected and equipped with the proper equipment for that 'rental operation'. Renting to graduates of a certified school or course is just one means of protecting themselves. For example, an operator that rents airplanes to students ... his responsibility is to see that the aircraft has passed all of the latest required inspections and tests, and is rented to a student, that the student has the proper papers indicating that he is supposed to be qualified to the level of the aircraft in question. In the tour operator business ... and I am a certified 'tour operator', we are required to be both licensed and to carry a US$ 1,000,000 E & O liability insurance. (E & O meaning errors and omissions). What this means, in effect, that if I am going to send a group into a dangerous area .... (the Amazon for instance) ... I am obliged to inform them of the risks involved, to do my best to see that they have some sort of experience or training, that the guide is experienced in that area and can so inform the clients of any potential dangers .... etc, etc. As far as that person 'drowning' because of some mistake or error on his part .... or even getting shot by a poison dart from some angry Indians 'blow gun' ... I always suggest that they buy 'trip insurance' .... or at least amend their personal life insurance policy. And we make every client, if he / she doesn't feel that insurance is necessary, to sign a 'waiver' indicating that the insurance was offered and that they are 'turning it down' of their own accord. An intelligent operator should always include a 'DISCLAIMER' in his rental or tour contract .... Capt. Donald R. Reid *************************************************************************** PaddleWise Paddling Mailing List - All postings copyright the author and not to be reproduced/forwarded outside PaddleWise without author's permission Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
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