Not sure who's at fault here. At what point does an accident become punishable by law?
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Thread: Who's to blame?
Who's to blame?
Apr 24, 2013, 04:09 PM #2
- Join Date
- Jul 2007
- Promontorium Tremendum
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.
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.
Apr 24, 2013, 04:16 PM #4Member
- Join Date
- Jan 2012
- East Coast
Apr 24, 2013, 04:17 PM #5
No leash = you lose every time
Apr 24, 2013, 04:17 PM #6
if a surf-only zone then the lady. if not then the surfer.
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.
Wonder what would happen if he had a leash and it broke? Sue the company that makes the leash as well?
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.