after 40 years surfing....the rules of engagement are... never admit liability, the bloke with the damaged board got a bloody good deal, it seems the two other chaps involved acted in a very gentlemanly manner... personally I would have suggested, that because you were in the way you were the cause of the incident otherwise nothing would of happened.

If you dont want your brand new surf board dinged up, don't take it out in the middle of a sup demo day.

I think you did well to get a repair.

Move on.

grey area legally about insurance and liability etc,,, where do u draw the line? Just best to say when your in the water it is your own risk and cop whatever comes your way.

HGFish said...
And the 3rd side - I'm the guy that did the "cleaning up".

I was paddling out and pushing through a couple waves - third wave had a surfer on it that was coming my way, pushed through as hard as I could but board came away and the two boards hit in the wave. I immediately apologised made sure the guy was OK and when he said he had a ding I offered to pay for it. In fact I went back onto the beach with him, gave him my name and told him my details are with the guys doing the demo and asked that he leave his details with them and I'd sort it out.

When I came in I asked if he'd come up and was told he did and that they would be having the board repaired in time for the guy to go away and while I was there he called and I also spoke to him - he asked for another repairer and I said no problem and even offered to drop it off for him, which I did (I also offered to lend him a similar board for his trip if his wasn't ready in time). Board was repaired on the day and ready for collection yesterday. The repairer is well known in the area and did a great job (I went to have a look and pay for it) and quickly so that the board is ready for his trip on Boxing Day. The damage is a fin chop right on the nose (first 6 inches of the nose) and this will not cause any difference in the board performance and has been sprayed to make it very difficult to see there has been a repair.

I've also been surfing 35+ years and understand these things happen in the water and legally I didn't have to do a thing, nor could anyone sue me (successfully anyway) for the damage. I'd also like to say that Dave (who I only met on the day) was more than prepared to have it fixed for him, in fact he'd left the board with Dave.

If I ever have a bingle in the surf I want it to be with someone like you. Never had that much effort and consideration from anyone. I've had boards destroyed by experienced surfers dropping in on me and never had any compensation despite the fact that they were blatantly in the wrong and new it. From what I can tell here it was just bad luck .... sh!t happens in the ocean and you have to be prepared to wear it. Otherwise take up golf ...

IMO the insurance is more about personal injury, not fixing $60 dings etc, the excess alone would not make that worthwhile.

Count yourself lucky the guy concerned went in to shore and offered to pay for your board to be fixed IMHO, the guy who caused damage to my board last week didn't offer to pay for the damage instead he just paddled back out and i had to go straight in with a sore arm and busted fin.

BTW, if you were that guy out at Terrigal Haven last Saturday morning you owe me a new fin.

I may not have the full picture but it seems to me if your riding the wave it's up to you to avoid collisions. weather it's a prone, sup, surf ski whatever, there's only so much a person paddling can do. How many times have we straightened up to avoid carnage its simple really.
stop the crap about insurance.
Husky your a very lucky boy to have such an honest decent bloke do you right.

Are we going through this again....for all of you who think its the guy on the wave to give way, go read the surf rules again, or speak to any guy thats been surfing for more than a few years. @ Micksmith, why isnt it the responsability of the guy paddling out to straighten up, stop and go over the wave (white water) after the surfer has passed......oh thats right, it IS

Seriously, going by the red thumbs I recieved for my post, in which I wasnt attacking any one person or being negative, it really shows the mentallity of some here...

yes it was an acident, and Im sure that Husky would have left it in the surf had it not been a commercially organised event. I took it as him just asking where he stands. Some here that got their knickers in a big bunch, should actually read closer as He never brought up the legal/sueing side of things...you all just ran with that ball, and still even after he said that more than once

Put yourself in his shoes, take a brand new custom board out and have it trashed first go....I think youd be lying if you said youd just shake it off and say all cool. The guy that hit him did the very good thing...well done.

Ive been in the postion where a guy just kept paddling for the shoulder and I had no where to go due to the dense crowd (alley), he easliy could have stoped and gone inside me... but just followed the other 10 guys paddling for the shoulder. I jumped to the inside of my board grabbing it (easy way to do ribs) but was too late and my fin dinged his board. He had a go at me, I just said what I thought but Id pay half, told him to take it to Jack Night and I sorted it from there....I certainly wont again unless im in the wrong

While it obvious that when on the wave you dont go gunning for people, but those down the line and paddling out have to make the effort to get out the way, and yes, you will have to take white water on some of the time.

husq2100 said...



yes it was an acident, and Im sure that Husky would have left it in the surf had it not been a commercially organised event. I took it as him just asking where he stands. Some here that got their knickers in a big bunch, should actually read closer as He never brought up the legal/sueing side of things...you all just ran with that ball, and still even after he said that more than once

One of the first responses in this thread was a recommendation to sue. If people have overreacted, or gotten their knickers in a twist, then it is as a result of this recommendation, rather than anything Husky said. But given that he was seeking advice, it's entirely appropriate for others to voice their concerns about advice they regard as totaaly inappropriate in the circumstances.

micksmith said...
Husq2100, you may get red thumbed because you just come over as too agressive in your point of view, just saying. And if you don't get the responsibility of every person in the water to avoid collisions then I can't help you, maybe re-read what I was saying.

Aggressive maybe, but more likely treading on a few toes for speaking the truth in the past....its quite obvious to see people thumbing the poster rather than the content here in the sup forum.

Yes I re read your post, and the same as the first time I read it. Maybe re read where I said you do not go running over people when on the wave, but the old simple rules still apply, if your anywhere near inside, STAY inside. If your WELL down the line its fine to paddle over. If these simple rules are kept up, a lot less accidents will happen.

One of the tougher places to be is in the pack at the take off point. It's easy to be in the line of a surfer taking off. That's why I stay standing on my SUP at all times, constantly moving to either get out the way or regain position. It's far to busy these days to just paddle into position, sit and wait. If we all worked when not on the wave there would be no dramas.

faark me 2 pages of crap about a bang up in the surf
harden up or stay at home

rahams said...
faark me 2 pages of crap about a bang up in the surf
harden up or stay at home

Well you are in the sup room

surfershaneA said...


I also admit I really have worked in litigation. While my above comment is not legal advice it is at least half serious. Likewise section 5L of the Public Liability Act.- an obvious risk of a dangerous recreational activity - is alive an well?

Full on now,what happened did you get bored of litigation or get fired.

Keep the BS legal crap out of it.Its a time to be jollysections are on waves
not text books,sorry just having some fun with this total CRAP.

Nice, there are some evil 666'ers out there take it easy

I'm starting to attract some reds,best to stay wide of a demo day

CYA

Reds? My meds are white or yellow! Gotta ask the Doc about this red stuff. Maybe Shiraz or a good Pinot Noir