CONDEMN Night Kiting as DANGEROUS

> 10 years ago
Reply
Register to post, see what you've read, and subscribe to topics.
waveslave
waveslave
WA
4263 posts
WA, 4263 posts
9 Mar 2007 3:22pm
quote:
Originally posted by brooksy

AKSA Insurance Policy and schedule:

http://www.aksa.com.au/index.php?option=com_content&task=view&id=13&Itemid=29






Has any kiter ever made a claim ?
No..... seriously.
Details please.
GreenPat
GreenPat
QLD
4107 posts
QLD, 4107 posts
9 Mar 2007 4:44pm
I don't know but I sent those documents to my sister last night who explained to me this morning that "You must take reasonable precautions to prevent personal injury and property damage" and you will be covered. Are there any other lawyers here?

I figure that if I can show that I took reasonable precaution in a court of law then it should be sweet. I think if I explained all the steps I took it would be considered as reasonable precaution. If what I did would be considered reckless then wouldn't that call into question operating any sort of watercraft at night? The yachties won't be happy.
sandgroper
sandgroper
WA
368 posts
WA, 368 posts
9 Mar 2007 11:33pm
quote:
Originally posted by GreenPat

I don't know but I sent those documents to my sister last night who explained to me this morning that "You must take reasonable precautions to prevent personal injury and property damage" and you will be covered. Are there any other lawyers here?

I figure that if I can show that I took reasonable precaution in a court of law then it should be sweet. I think if I explained all the steps I took it would be considered as reasonable precaution. If what I did would be considered reckless then wouldn't that call into question operating any sort of watercraft at night? The yachties won't be happy.


Still in denial eh, Greeny? I wouldnt worry too much about the insurance thing - its the least of your problems. I can assure you they wont be paying out any claims you make from any night kiting nightmares. Just accept it you'll have no PL insurance ok?

Your main problem is convcining the Councils to let you do it on their turf. As you can tell by the Topic heading I am against it because its extremely dangerous. This extreme danger cannot be mitigated by the addition of mere "glow sticks". Only a controlled area free of other watercraft and well lit by floodlights could satisfactorily reduce the danger.

BTW, "reasonable" is not what you think is "reasonable". "reasonable" is what the Court thinks is reasonable. Believe me mate, they aint gonna see it your way.

You live in such a fantasy about the law & legal process, pal. Maybe you've been watching too much "Law and Order" on TV. You need to watch a little more "Judge Judy" - maybe that'll wake you up a bit. Ask yourself, "Would Judge Judy think this is reasonable?".

The prosecution rests.

GreenPat
GreenPat
QLD
4107 posts
QLD, 4107 posts
10 Mar 2007 12:44am
quote:
Originally posted by sandgroper


You live in such a fantasy about the law & legal process, pal. Maybe you've been watching too much "Law and Order" on TV. You need to watch a little more "Judge Judy" - maybe that'll wake you up a bit. Ask yourself, "Would Judge Judy think this is reasonable?".

The prosecution rests.





Is that so? So growing up with my father a lawyer and now my sister, constantly talking about the legal process in Australia, that doesn't count, or I never listened to any of it?

moron

I must say, I took a back step above in even admitting that I'd considered the implications with a claim dispute. But then, I am a reasonable adult capable of seeing both sides of the argument, and following them up.
sandgroper
sandgroper
WA
368 posts
WA, 368 posts
9 Mar 2007 11:54pm
quote:
Originally posted by GreenPat
Is that so? So growing up with my father a lawyer and now my sister, constantly talking about the legal process in Australia, that doesn't count, or I never listened to any of it?
moron


No it doesnt count. Go book yourself into Law 101. THAT counts (if you pass that is). Stop hiding behind the kudos of other peoples legal credentials as if you know something. You dont know a damn thing, and it shows. If you knew the first thing about the law, you would know right away you'd have no insurance and youd have no sympathy in the courts.

Nor will you find any sympathy in Local Government for your Night Kiting crusade, nor in AKSA, not WAKSA, not IKSA, not NOBODY, NOWHERE, or ANYONE WHO HAS ANY LEGAL RESPONSIBILITY IS GOING TO SUPPORT UNRESTRICTED/UNCONTROLLED PUBLIC NIGHT KITING in this country.

The prosecution rests again
Spacemonkey!
Spacemonkey!
SA
2288 posts
SA, 2288 posts
10 Mar 2007 1:31am
quote:
Originally posted by sandgroper

quote:
Originally posted by GreenPat
Is that so? So growing up with my father a lawyer and now my sister, constantly talking about the legal process in Australia, that doesn't count, or I never listened to any of it?
moron


No it doesnt count. Go book yourself into Law 101. THAT counts (if you pass that is). Stop hiding behind the kudos of other peoples legal credentials as if you know something. You dont know a damn thing, and it shows. If you knew the first thing about the law, you would know right away you'd have no insurance and youd have no sympathy in the courts.

Nor will you find any sympathy in Local Government for your Night Kiting crusade, nor in AKSA, not WAKSA, not IKSA, not NOBODY, NOWHERE, or ANYONE WHO HAS ANY LEGAL RESPONSIBILITY IS GOING TO SUPPORT UNRESTRICTED/UNCONTROLLED PUBLIC NIGHT KITING in this country.

The prosecution rests again



I find you guilty of being a complete kook, sentance a nice sleep on your doona.
insomniac_alcoholic
insomniac_alcoholic
WA
190 posts
WA, 190 posts
10 Mar 2007 12:19am
Sandgroper..... YOU are a spoondoodle!

If Greenpat does go out at Safety Bay again at night and doesn't mention it on this site..... how are you going to know to dob him in to the council? AND even if you do what will this achieve?

In a previous life I was a scuba instructor.

With night diving the rules are simple:

- Know your dive site in daylight hours before trying it at night
- Have redundant saftey systems ie extra torches etc
- Dive within your limits

If you apply these same principals to kiting, an experienced kiter going out at night can be safer than a half baked kiter going out in perfect conditions during the day.

Greenpat has done everything he can to comply with the safety issues and with local maritime laws so get over it, get off your pathetic high horse and keep your narrow minded opinions to yourself.
waveslave
waveslave
WA
4263 posts
WA, 4263 posts
10 Mar 2007 12:24am
quote:
Originally posted by waveslave

quote:
Originally posted by brooksy

AKSA Insurance Policy and schedule:

http://www.aksa.com.au/index.php?option=com_content&task=view&id=13&Itemid=29






Has any kiter ever made a claim ?
No..... seriously.
Details please.



Arhh,
I thought as much....
No claiming.
That explains why the premium is so low-rent.
When the claims are raining in,
watch the cover become unaffordable.
Please Register, or first...
Topics Subscribe Reply