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Thread: Who's to blame?

  1. #1
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    Who's to blame?

    http://www.chron.com/news/houston-te...by-4453796.php

    Not sure who's at fault here. At what point does an accident become punishable by law?

  2. #2
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    without knowing more details (like, was it a surf zone or where swimmers permitted as well?), i think the surfer is on the hook for this one. it's all well and good to surf without a leash, but if your stick gets away from you and hits somebody who has as much right as you to be in that particular section of that water, it's on you. "punishable by law" is not quite accurate - the swimmer incurred medical bills and facial scars, so you're talking about redress, not punishment. i feel sorry for the surfer, but don't see how he could duck responsibility for the incident.

  3. #3
    Surfer pays. At first I was thinking one takes a risk just by entering the water to either swim or surf... but when it says the board was not attached via surfboard leash... Surfer pays up.

  4. #4
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    Quote Originally Posted by MFitz73 View Post
    Surfer pays. At first I was thinking one takes a risk just by entering the water to either swim or surf... but when it says the board was not attached via surfboard leash... Surfer pays up.
    I have to agree unless, it is a surfing only zone. Why couldn't the lady get out of the way.... thats my question

  5. #5
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    No leash = you lose every time

  6. #6
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    if a surf-only zone then the lady. if not then the surfer.

  7. #7
    I do remember reading a thread on here where a vacationing SUPer dropped in on a local and dinged his face and then went to the hospital with him and paid for his damages. I do wonder though as to where she was swimming though.

  8. #8
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    Quote Originally Posted by MFitz73 View Post
    Surfer pays. At first I was thinking one takes a risk just by entering the water to either swim or surf... but when it says the board was not attached via surfboard leash... Surfer pays up.
    My exact thought was everyone is taking some amount of risk entering the water and has to assume individual responsibility. Probably going to find negligence for surfing without a leash in a populated spot.

    Wonder what would happen if he had a leash and it broke? Sue the company that makes the leash as well?

  9. #9
    Quote Originally Posted by TX Shreddin View Post
    My exact thought was everyone is taking some amount of risk entering the water and has to assume individual responsibility. Probably going to find negligence for surfing without a leash in a populated spot.

    Wonder what would happen if he had a leash and it broke? Sue the company that makes the leash as well?
    Im pretty sure it says on the leash packaging that the company assumes no risk and makes no guarantees and is provided as a convenience accessory only.

  10. #10
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    Your right on Fitz.

    Surfing is a HAZARDOUS sport. The use of your surf board with a leash that is properly attached according to instructions found at www.npsurf.com is done at your own risk. The suppliers of this product are not responsible for any property damage or personal injury caused by any use, misuse, abuse or irresponsible use of this product.