Subscribe to RSS FeedUp here in the Northern Hemisphere, the Summer solstice signals sailing. And whether it's a weekend event at the local yacht club, or an organized regatta with a sea of colored sails, the sailing season brings a slew of racing events.
Sailboat racing can be fiercely competitive. In the small boat arena, pushing the limits of the rules and occasionally running into your friendly competitor usually never gives rise to anything that a little wax and some elbow grease can't repair. On the other hand, when a couple of forty foot vessels careen into each other, it's a different story. Serious physical and personal injuries can and do arise.
Ok, so now this is where it gets interesting. If you've raced sailboats you know that one boat can "protest" another boat's actions. These protests are resolved before a committee following the race in accordance with established rules unique to sailboat racing. And you know what, more and more courts consider the findings of the protest committee binding in a subsequent civil litigation.
Point being, if your boat is found at fault by the protest committee in a collision that involved injuries and vessel damage, your prospects of being able to get another ruling on the issue at Court may not be that good. Of course, each circumstance is unique and results could vary depending on the jurisdiction in which the dispute is pending, but it's something to keep in mind.
So the next time, you see someone saunter into the protest committee hearing with beer in hand, jocular smile, and disinterested air, think about pulling him aside and reminding him that the committee's findings might last a lot longer than the season's racing results!
Underway and making way.
--- JKF
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-Pete-