Boating Liability issues: truth or Myth?

[hack4alivin]

I recently had my isinglass replaced and during the conversion with the Canvas installer I asked him about an option I was considering. I had seen several boats at our marina that had their front isinglass sections modified to include a screen section, with a zip up flap. I liked the idea and thought about it but then decided against because I did not like the way it was done, thinking it would hinder my visibility. Still I asked the question while sitting on the fence on going that way on not. Well the installer told me he “would not touch that job”, stating that type of modification would make not only myself, but him legally liable in the event of a boating collision because of “reduced visibility”.

So it brings me to the questions:

• 1: Is a boat owner automatically liable in the event of a collision if there front isinglass has been modified from the OEM’s original design?
• 2: Is a boat owner automatically liable in the event of a collision if the boat is equipped with Radar?
  [*]3: Is the boat owner/operator automatically liable if he has a Captain’s license.

All the above items I have heard before, but are they facts or are they myths?

 

[moparlvr4406]

I don't know the answers to your question
but will add this piece of information...
My canvas guy discouraged me from putting a screen/zip out window in the rear
of my camper canvas due to visibility issues and his liability.
I found the liability part odd...the visibility would definitely be a problem after dusk.

 

[quality time]

I don't know the answer either. My Dad wanted lightly tinted isenglass put on a semi custom boat he had built years ago and the builder wouldn't do it due to liability reasons. Must be standard in the industry.

 

[Gofirstclass]

#1--Automatically liable? Probably not, unless it can be shown that the modification grossly reduced the forward visibility. But I don't think just replacing a window panel with a screen panel would go far with a judge. It might be shown that it was a "contributing factor" but I don't think it would count for much. But juries, on the other hand, can be very stupid. (Look at OJ's trial). If it clouded the issue it could gain traction with a jury.
#2--No. Boats equipped with radar are required to have the radar on if the radar is working. But that still doesn't mean that a boater who had an operating radar that wasn't turned on is automatically guilty or liable. Again, this might be a contribution factor. IMHO the Navigation Rules would come into play more than whether or not someone had their radar on or off.
#3--No. A person with a captain's license might be held to a higher standard but the fact that he has a license doesn't make him automatically guilty. A lot depends on the circumstances and, if it could be shown that he violated a Nav Rule that he should have known, it might change the outcome of a trial.

 

[my3sons]

Interesting questions, when I had my canvas made, my canvas person said I should "consider visibility issues" with front u-zips, she didn't really say she wouldn't do it, but she wasn't crazy about the idea, I went with many screens and zips, but none up front. I instead, put 2 snap heads in the underside of my radar arch, and unzip the middle section of the front isenglass, and it lifts back and snaps to the underside of the arch, very neatly, and no rolling it up to introduce scratches.
As far as liability on the radar, the way I understand it is that if a boat is equipt with it, it is supposed to be in use. I admit I don't all the time, but if visibility is of the slightest concern at all, I have it on. You shouldn't have liability just because your boat has radar, there still are the rules of the road.
I look at a captain's license as one of those things that kind of removes doubt from a jurors mind, kind of like "you're a captain, you should have known better"
What do others think?

besides GFC types faster?

 

[JediJD]

So it brings me to the questions:

• 1: Is a boat owner automatically liable in the event of a collision if there front isinglass has been modified from the OEM’s original design? No.
• 2: Is a boat owner automatically liable in the event of a collision if the boat is equipped with Radar? No.
• 3: Is the boat owner/operator automatically liable if he has a Captain’s license. No.

However, as a general rule, every captain of every boat is liable for every collision in which he is involved. Coast Guard rules require that you avoid a collision. If you were in a collision, there is a near certainty that something you did or did not do had some relevance to the outcome. I was drilled in Master Captain school that even if somebody else does something against the rules or stupid...if you were keeping proper watch, you should have anticipated it.