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Sea Kayaks Techniques Bulletin Board
Re: Whoa and Kayak litigation
Posted By: Rod Estvan In Response To: Re: Whoa ... (Brian Nystrom)
Date: Saturday, 9 December 2000, at 10:09 a.m.
This discussion on sponsons rapidly went into product litigation regrading kayak safety issues. Many makers of Kayaks attach a hold harmless clause regarding product safety. The issue for me is not so much the makers of Kayaks but the sales people of low cost roto-molded Kayaks.
Here is the real issue. Many major retailers of low cost Kayaks have very inexperienced sales staff who do not consistently explain for instance that kayaks without bulk heads need to have float bags, or that to get back in a kayak an inexperienced kayaker needs to master the use of a paddle float. A sponson would not be a bad addition. I have both sponsons and paddle floats on my kayaks. I have used sponsons when I had to land in surf that I beleived was beyond my abilities and they worked well. (For those for will immediately react that if the surf was too big for you don't go out, I would note that it built why I was out and weather reports were wrong.)
Because of all of these things that bring about litigation I expect in the not to distant future that the US Coast Guard regulations as they apply to human powered craft will be expanded beyond PFDs, and flares. The makers of Kayaks may very well become promoters of increased regulation is it reduces their liability. I also believe that the time will come when sea kayakers will by various state regulations be required to have Marine Insurance.
Each year there are more and more kayaks on the water. I believe greater regulation is coming.
Rod
Chicago
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