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Sea Kayaks Techniques Bulletin Board
Re: Whoa and Kayak litigation
Posted By: Rod Estvan In Response To: Re: Whoa and Kayak litigation (Brian Nystrom)
Date: Friday, 15 December 2000, at 4:50 p.m.
Brian,
Your 12/11/oo post raised a number of good points. I will take up some of them. One point you raise is that increased kayaking does not automatically mean more regulation. You indicate that kayaking is largely a "fringe" activity, you raise the issue of how many kayakers are on the water compared to other craft in a typical day.
Let's say five years ago off Chicago I could say that on a weekend in July I would see one or two kayakers, most of whom I had seen before or knew. We almost all bought our kayaks from one of three sources back then. In July on a nice day this year I might see ten to fifteen kayakers. I agree there are far more other water craft but the numbers of kayakers have risen in a big way. In major urban areas there are a good number of kayaks on the water, in New York I know of at least one private harbor that has a sign specifically telling kayakers not to enter. None of Chicago's harbors have prohibited kayaks as yet.
On the issue of Marine insurance, first in Illinois I have to register my kayaks just like I do my sail boat. I have seen kayaks and wind surfers collide with damage to both. I almost hit a wind surfer who cut accross my right of way last year, he fell in and I was going to yell at him, but he was only about 13 year old, and his dad was on the beach already yelling at him. Chicago bans during the summer Kayaks from landing at all beaches except 3. (I would also add that the National Park Service prohibits kayaking and surfing at certain beaches also.) The Chicago Park District's answer as to why they did this when the question was posed by a local kayaking group was because of liability issues realting to swimmers. These are some of the reasons that I believe insurance could become an issue in areas of our country with high population density.
On the issue of using sponsons in high surf. I agree completely with you that if you flip with sponsons on you will have a hard time righting your kayak. But my experience has also shown that sponsons radically slow you down and have allowed me to land easier. The reality is if I wipe out I am washing up on the shore any way so I am not doing a wet entry. Over the years my skill level has improved and I can deal with fairly large surf. But the one time I noted in my last post I was very glad I had them. To be honest generally I don't mind taking on the surf and losing it is always possible. But for what ever reason I had a real bad feeling about how the surf was breaking and all I could think about was how my kayak was going to be trashed. I guess we all have psyed our selfs out on occasion.
You raised the issue that relative to other water craft, kayaks have less accidents. I think you may be right, one day I will have to look at the Coast Guard data on that issue, I know they have a code for kayaks. But I will say this, because I am also a sailor and have beeen a member of a sailing club for years, I get information from the Coast Guard area for the Great Lakes. I also read a statement from the new USCG commander for the Great Lakes in which he specificaly stated he wanted greater enforcement for safety targeted specifically at jet skis and kayaks.
I think this statement was based on complaints from boaters, I know I have heard some less than pleasant comments from sailors about kayakers who have not yeilded to larger craft in narrow water ways. (Most truely bad comments are aimed at jet skis.) The one place we kayakers do not have the right of way.
Rod
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