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General
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https://www.boatbanter.com/general/)
Carrie Nation boats again?
All kidding aside, this is a potentially serious matter. We are all
responsible for the safety and well-being of passengers and guests
aboard. From BOAT/US
FOR IMMEDIATE RELEASE
Press Contact: Scott Croft, 703-461-2864,
Date: April 12, 2005
Skippers May Be Liable If Drunken Guests End Up In The Drink
Most boaters understand the risks involved when someone drinks alcohol
and gets behind the helm. But what happens if an inebriated boating
guest is injured or even dies? The startling answer lies in May 2005
issue of Seaworthy, the damage avoidance magazine from BoatU.S.
In "Alcohol, Guests and the Question of Liability'" two recent cases
from the BoatU.S. marine insurance claim files bring light on the
issue. "It's no secret that if you've been drinking heavily and your
boat is involved in a serious accident, you could be held liable," says
author and BoatU.S. Damage Avoidance Program Director Bob Adriance.
"What may not be as apparent is the liability you assume for other
people aboard who have been drinking. This is true even if you haven't
had a drop of alcohol and are completely sober," he added.
The Seaworthy feature describes an incident where a drunken man passed
out on a boat's stern bench seat. Later that evening he apparently
woke up, fell overboard and drowned. In another case, a vessel was
returning from a bar when an inebriated guest went overboard unnoticed
and perished.
In the event of a serious accident, courts apportion liability - with
the boat owner's share ranging from 0% to 100% - depending on the
degree of perceived negligence. The dollar amount depends on the
victim's age and what he or she expected to earn had they lived. There
may also be awards for conscious pain and suffering and loss of
companionship.
When you total the potential for these awards they could easily surpass
$300,000 - the amount of the "average" boating liability policy -
especially if the deceased was young, in a high paying career field, or
had children. To protect yourself, especially if you have significant
assets at stake, Adriance advises purchasing an "umbrella" policy,
which typically covers damages beyond standard boating liability
policies. Umbrella policies are usually purchased with a homeowner's
policy.
"The lessons here are that you are responsible for the safety of all
aboard, you should do whatever you can to discourage excessive drinking
by anyone on your boat, and you should seriously consider adding
umbrella coverage," said Adriance.
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