[Paddlewise] Backers of kayak bill may be paddling upstream - Framingham,...

Fully agreed, Nick!

As I stated before, I do not support this type of legislation. I actually
feel that responsibility for personal safety must remain with the
individual, not with a business or even an instructor -- except for cases
where a business sets out to mislead the customer to gain their business.
That's certainly not the case here though.

As far as I'm concerned your approach, described below, covers it. But
people there are people out there who go boating (not just in kayaks either)
without giving any thought to the risks and then rush to sue when they face
the consequences of their own irresponsibility. 

Ralph

-----Original Message-----
From: Nick Schade 

"Fully informed" does not mean they need to be told how they will feel when
they are actually in the water. It can be "You may die if you fall in this
water. Chances are very low that you will, however if you do, there are a
few things you can do that help your survival.  
We would like to help you practice them before we, but you will get wet and
cold. You are not required to practice them, but we strongly recommend it."

  I don't think it is a bad business model to forego the wet exit training
given how low the likelihood of the clients swimming really is. There are
kayak tour groups going out somewhere in this country every day. How many
deaths due to the inability to wet exit have there been? I can only think of
one, and it has lead to this proposed law. How much effort should a business
go through to reduce the death rate to zero? It is impossible to create that
kind of safety, so a line must be drawn somewhere. I don't know where the
proper point is.  
There are many businesses which operate with much more risk. Ski areas let
their customers choose where on the mountain they will ski without the
requirement to prove they can do it safely. Shouldn't they require everyone
pass a test before they start down a double black diamond?
Nick
***************************************************************************
PaddleWise Paddling Mailing List - Any opinions or suggestions expressed
here are solely those of the writer(s). You must assume the entire
responsibility for reliance upon them. All postings copyright the author.
Submissions:     PaddleWise_at_PaddleWise.net
Subscriptions:   PaddleWise-request_at_PaddleWise.net
Website:         http://www.paddlewise.net/
***************************************************************************