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Thread: Questions on requirements.

  1. #21
    Join Date
    Aug 2013
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    Seattle, WA
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    296

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    Quote Originally Posted by BobJ View Post
    I think SSS is in a stronger position when it can say "We've run this race continuously for 40 years without a fatality. The rules have evolved over those 40 years and are reviewed for each race."

    vs.

    "These are the rules we got from US Sailing for all kinds of ocean races. We took this item out and that rule out because we felt they didn't apply."
    While not a maritime attorney, I have been a trial lawyer in commercial litigation matters for more decades than I care to count. My gut says Bob J is exactly right on this.
    Lee
    s/v Morning Star
    Valiant 32

  2. #22
    Join Date
    Aug 2013
    Location
    Seattle, WA
    Posts
    296

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    Quote Originally Posted by Ragnar View Post
    Just a few years ago the Organizing Authority could think through how would a prudent mariner prepare his vessel, and what equipment he should carry. The rules were there NOT to ensure safety, but to ensure a level race and not penalize the prudent mariner for carrying equipment, spares & tools. This kept responsibility for safety where it inescapably belongs in reality - with the Person In Charge. In today's legal environment, it feels like this is no longer possible. So here we are.
    This is a concept that should be explicitly reflected in the race documents -- that the SER exist to level the playing field, not shift responsibility. And, a helpful change in the 2017 RRS is the concept of contract: by entering the race, you agree you are bound to comply with the race documents. Even in today's legal environment, such things will matter.
    Lee
    s/v Morning Star
    Valiant 32

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