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a cruise in company
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TMS Poloshirt winner

Imagine that you've agreed to sail in company with others from here to there. Apart from our  responsibility for our own boat and crew, what additional responsibilities (if any) do we take on?

Your thinking is appreciated as I'm wondering about liability should something go wrong.

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Provided there is no commercial arrangement, I don't think there is any liability.  Presumably you are talking about sailing in company with friends? It is still a good idea to agree in a not too heavy-handed way before you set off that everybody is taking part at their own risk. We do this with racing crew. We jokily point out that although we will of course take every care, basically they have volunteered to come with us because they want to, and we will take a dim view if they try to sue us if we drown them. This usually gets a laugh, but it makes the point.

Cruising in company is great for giving extra confidence, especially when undertaking longer crossings etc, because there is a feeling that there is someone there to help should anything go wrong. However, if anything does go wrong (one of the boats goes aground, say, or its mast goes over the side) you must be very careful about not putting other boats into danger trying to rescue them.

Last year when we volunteered via VHF to stand by a boat that was aground on a sandbank during a gale we immediately had the Coastguard on the radio warning us not to do anything silly! But without putting other boats into danger, there is help that can be given: radio relay etc. So the confidence is not misplaced.

And there are other practical benefits from cruising in company: people there to take your warps - and share the celebrations - when you reach the destination. Enjoy!

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TMS Poloshirt winner

I d say none, unless you act as a social event person.

Ensure that everyone is aware that they (the Skipper) and only they are solely responsible for the safety and navigation of their own vessel. eg. Crew/boat capabilities, victualing, navigation planning, weather watch, etc. Or the situation of "...well I was following you" may arise as you re all sat on the beach. Likewise make sure there is no pressure for anyone to complete the trip if they don't want to and that they re able to return home on their own.

If necessary get it written down and signed by all the crews.

W.

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TMS Poloshirt winner

It is good that we modern leisure sailors maintain the age old mariners tradition of caring for eachother. It brings out the best in us. If someone is in trouble we will do our best to assist.

An interesting contrast to our behaviour on the roads?

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TMS Poloshirt winner

Hi Ed,

I know not, but am assuming:- 

In these days of people sueing others, perhaps your first responsibility beyond that for your own crew and your boat is to have paper qualification and second, before your boat goes anywhere.......insurance that gives abundant 3rd party cover?

If we do happen to have a member of our crew drown due to our own incompetance that can be proven, then watch out whether qualified or not!

If you have a fixed set of qualifications e.g. RYA,  to the standard to which you are subjecting your crew and boat and you have followed all the procedures related to safety within that qualification, then you are probably the right side of wrong. 

Have we a legal expert that can discuss?..........cheers Scotty    

Edited: 03/07/08 11:17

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