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Sea Kayaks Techniques Bulletin Board
Re: Whoa and Kayak litigation
Posted By: Brian Nystrom In Response To: Re: Whoa and Kayak litigation (Rod Estvan)
Date: Monday, 11 December 2000, at 5:25 p.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.Well, I can't say I fully agree. I certainly think that all kayaks should have positive floatation (bulkheads, float bags) and some manufacturers (Dagger, for instance) do this. However, gear is no substitute for knowledge. In addition to paddle floats, pumps and spray skirts, salespeople should also emphasize instructional books and videos. Adding sponsons to typical inexpensive recreational kayaks, which are generally wide and stable, isn't likely to have any significant impact on the paddler's safety.
: 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.)Depending on how big the surf was, your sponsons may have made the situation worse. In big surf, a wide boat is a disadvantage, as it's much more likely to be rolled by a big breaker. Once a sponson equipped boat is flipped, it cannot be rolled by the paddler and will be difficult to right after a wet exit.
: 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.I don't think that's too likely. Unless people start suing the Coast Guard, they don't have much incentive to increase regulatory requirements for kayaks. Besides, the number of people who die or require rescues in larger watercraft is much higher than the number of kayakers who need assistance or a body bag. Enforcing current boating regulations and reducing drunk boating would be far more beneficial than mandating any specific equipment for kayakers.
: The makers
: of Kayaks may very well become promoters of increased regulation is it
: reduces their liability.There's a trade off involved here. If manufacturers increase the amount of standard equipment, it will increase the price of kayaks and reduce the size of their customer base. If they make a big issue of safety, people will get the idea that kayaking is dangerous and this will further reduce the size of the market. The question becomes: Which way is more profitable, more low priced boats and more lawsuits or fewer, higher priced boats and fewer lawsuits?
: I also believe that the time will come when sea
: kayakers will by various state regulations be required to have Marine
: Insurance.Considering that the value of a kayaks is pretty low and it would be very difficult for a kayaker to get into a position where they are liable for damages caused to other boaters, I can't see this ever happening.
: Each year there are more and more kayaks on the water. I believe greater
: regulation is coming.Based on what? Increased participation doesn't automatically cause more regulation. Even with the considerable increases in the past few years, kayaking is still a very minor, "fringe" activity. How many other kayakers do you see on a typical day on a lake or the ocean compared to power boaters or sailers?
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