Public Liability issues ???

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Andy B
Andy B
WA
130 posts
WA, 130 posts
6 Nov 2008 9:00pm
I was wondering if anyone would have some solid advice on public liability cover.
Established clubs like Sandgropers for example would have to be incorporated and have their own P/L cover which all members contribute to with their annual fees, but what do individuals like myself who sails with a couple of other yachties but are not at that stage where they have a club and treasurer ect.
I was told that some individual sailors cover themselves by their house and contents policy,I tried my insurer and they ummed and arred about it then said NO
Is this the case with some insurers,does anyone have this kind of cover and if so who are they and more importantly do they have it in writing?
landyacht
landyacht
WA
5921 posts
WA, 5921 posts
6 Nov 2008 9:16pm
I think you may only be able to get it for a club. . My business doesnt cover it . cant even get tools in truck covered.In WA it should be about $2000 per annum
BeeGee
BeeGee
VIC
99 posts
VIC, 99 posts
6 Nov 2008 11:34pm
Andy B,

I think your home public liability insurance will probably cover someone getting injured on your property and that's all.

The situation probably depends on the state you are in, but I recall many years ago (mid 1980's) in another club I was in here in Victoria, I went through the incorporation process so we could get insurance. My understanding at that time was that until an organisation was incorporated, it was not legally recognised as an entity in its own right, so it could not sign a document as an organisation. It was just a bunch of individuals, leaving the members individually exposed. I don't know whether this has changed or applies where you live.

There are other organisations that carry insurance that may be be able to accept you as a member and cover you by their insurance. One possible problem may be the risk you may expose them to given in being an individual sailor, they probably have no way of controlling your behaviour. Don't get me wrong - I'm not saying that you are irresponsible. It is just that if an incident occurs where it may be considered you were acting dangerously, the organisation providing the cover may find their premium skyrockets or that their application to renew their policy is refused. If this happens, all affiliated clubs suffer. In formulating an association for blokarts, I will be arguing for member clubs to be required to sign up to a set of safety rules in order to insulate other clubs from this type of problem.

Having said all this, don't believe me. I reserve the right to be totally wrong :-) If I were you, I'd have a quick chat to a solicitor.

I hope this helps.

Brian
Andy B
Andy B
WA
130 posts
WA, 130 posts
6 Nov 2008 11:31pm
Thanks for the advice guys,I remember years ago when I was the sailing Commodor for L.L.L.S.C, even before your time Paul (I mean old fella), a school teacher who was sailing one of the first class V yachts from Safty Bay and had a head on with a class II,I think it may of been your old yacht Paul the green pea,the foot steering on the V swung so hard it snapped her foot from her ankle joint,unfortunately she lost her foot in the accident three days after her 21st birthday.
All of us on the committee were panic stricken because we found out we were all liable and in the firing line to be sued because we were not incorporated,the statute of limitations were for seven years and she could of within that seven year period raise the issue and all 12 committee members would have gone for a row.
We did how ever send her a bunch of flowers which seem to do the trick because we heared nothing more after that,seven years was a long time to wait for something to come back and bite you in the ass.
As you can see the liability issue is paramount in the event something goes wrong,so if your not in a club that has it already your leaving yourself wide open and with litigation the way it is today I don't want to take any chances.
My Broker says I will be up for $750 per year for "Perth Land Yachts"as a seperate company,might just have to bite the bullet and get it anyway until such time Lake Joondalup Land Sailing Club generates a few more members.
landyacht
landyacht
WA
5921 posts
WA, 5921 posts
7 Nov 2008 4:02pm
The teacher was sailing the DN of the Purvis's, at night after we( the commitee) had said to stop sailing. the foot was pushed off the end of the leg bones .
I have been told the lass was able to walk again on the foot.
I still vividly recall having her leg and foot strapped to my arm on the way to the ambulance, as we had nothing else available as a splint.
I may be getting old , but the brain still functions
splitpin
splitpin
104 posts
104 posts
8 Nov 2008 8:50am
landyacht said...

The teacher was sailing the DN of the Purvis's, at night after we( the commitee) had said to stop sailing. the foot was pushed off the end of the leg bones .
I have been told the lass was able to walk again on the foot.
I still vividly recall having her leg and foot strapped to my arm on the way to the ambulance, as we had nothing else available as a splint.
I may be getting old , but the brain still functions
what story,but still find it a bit hard to believe that your arm had to be used as a splint as there was nothing else available, pull the other one it plays dixie

hills
hills
SA
1622 posts
SA, 1622 posts
8 Nov 2008 4:24pm
Splitty, are you bored again??



Ouch Paul!! I'm glad you didn't tell me that story before I sailed for the first time!!
landyacht
landyacht
WA
5921 posts
WA, 5921 posts
9 Nov 2008 7:46pm
splitpin said...

landyacht said...


what story,but still find it a bit hard to believe that your arm had to be used as a splint as there was nothing else available, pull the other one it plays dixie



we had to pick the lass up out of the yacht in the middle of the lake and get her into the back of a nissan Bluebird stationwagon. since I was the smallest on the scene it was my job to hold herleg/foot comfortably it was then we realized that it would work well and so I sat in the back and supported her legs. . the set up worked well for the 12km run to the nursing post.
this incident is one of the reasons that I build my foot pedals light so that in an impact situation they will tend to collapse.
when I pull he other one I often get the 1812overture, It hasnt played Dixie for some time

Andy B
Andy B
WA
130 posts
WA, 130 posts
9 Nov 2008 10:28pm
From what I remember it was the teacher sailing the V twin seater,can't see how a complete novice being allowed to sail a Dn especially at night,but then again it was 25 years ago and the old memory isn't as sharp as it once was,scratch that my memory never was sharp, I think, I can't remember.
It was Bobby Justice who said she lost her foot because I remember thinking wow what a 21st birthday presant,maybe she had a prosthesis fitted after the accident who knows.
I recall the huge flood lamps lighting up the parking area and out to the lake when the Dn came in out of the darkness blinded by the lights and smacked head on into the little yacht,but then again I could be wrong I can't remember
But I think it supports the importance of liability insurance don't you agree.
Speaking of insurance I have had tool insurance for all my vehicles Paul,maybe your not using the right broker,having said that there are stipulations set down by the insurer and one of them is that the vehicle must be lockable and be stored in a secure garage.
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