Fundamental responsibility
Qthe article ‘couple seeking experienced crew’ in PBO april 2018 came just as club discussions about this season’s cruising programme were initiated.
i for one often sail alone but welcome crew for short sails around the devon coast and sometimes further afield. Potential crew could range from experienced sailors to someone who would like a taster before taking the plunge and buying their own boat.
What’s not been addressed in various articles on crewing is the skipper’s responsibility when others come on a sail. My boat insurance has personal accident cover for myself and crew but i wonder if this is sufficient? James Brooking, by email stuaRt CaRRutHeRs Replies:
It’s a long-established fundamental principle of maritime law that the skipper is responsible for the safety of their vessel, crew and passengers, in much the same way that the driver of a motor car is responsible for the safety of their vehicle and their passengers. A skipper should therefore ensure that liability for personal injury or property damage suffered by crew or passengers caused by the skipper’s negligence is covered under the boat’s third party liability insurance.
Where personal injury or property damage is suffered by crew or passengers but not through anyone else’s fault (eg through the crew’s or passenger’s own carelessness or simply by accident) then the crew/passenger would need to look to their own personal accident insurance (if they have it) or the personal accident cover under the boat’s insurance policy (if the owner has chosen to take such cover for crew and passengers).
Although some skippers might be tempted to use disclaimers to limit their potential liability to crew and passengers, disclaimers have at best only limited effectiveness. Moreover, it is questionable whether disclaimers are appropriate in such circumstances. It may be considered to be socially unacceptable for a car driver to insist that their passengers all sign a disclaimer before starting a journey and the same could be said for a yacht skipper.