Girl drowns on holiday, staff convicted for negligence

[Fi$hy]

http://www.theherald.co.uk/news/58557.html

Background
In 2003 an 11 year old girl drowned on a sunsail holiday after the hobie cat: http://www.hobiecat.com/sailing/images/hobie16/gallery_01_lr.jpg
she was sailing in capsised after her and her two similarly aged friends lost control.

The rescue boats which arrived on the scene, found Laura Morgan entangled by her trapese harness (allows the wearer to attach to a line to lean out further to gain more correcting balence). The safety boats at Sunsail at this point did not carry knives (due to working with children) and the crew of the safety craft were unable to free her.

Outcome:
Sunsail introduced new policies on the use of boats (parental assesment, no trapeze for under 16 etc...)

Conclusion:
Laura's mother took the staff at the center to court, and three members of staff were today given 18months in a greek prison for negligence.

Personal Opinion.
As a keen sailor myself (and owner of a trapeze harness) I'm outraged by the idea of these staff being imprisoned. I've been on several (5) sunsail holidays, and a 11 year old girl is not suitable for a Hobie cat. It's not the centre's fault she drowned here, why did her mother let her out in the first place?

I am a big fan of sunsail, and whilst it's stupid to let little children out on performance craft, it's part of the package. Why did her mother campaign to get these staff imprisoned? It's not as if their lives are not already affected.

Background
I was at a neighboring Sunsail club at the time of the accident, and have been following this case closely.

What do you guys think?

 

[Gopha]

well when i went to the mediteranean, they let me and my friends sail a catamaran which went up to 80 miles an hour( and believe me it did, we capsised it a few times) but why is the mother suing because she was irresponsible of her child? thats outrageous

 

[Taffy]

Thats irritating for me, but life-ruining for the staff. Bloody outrageous.

 

[DocBot]

Some people needs to blame someone for everything that goes wrong in their lives. Unfortunately, for the ones who end up being blamed. Bloody stupid of the courts to help out in their quest for unnecessary vengeance...

 

[Pestcontrol]

I've sailed a bit, not been in any accident or dangerous situation (or even used a trapeze), but i do think such a boat (it doesn't seem beginner to me) is not to be manned by three 11 yr olds without any supervision. Weren't catamarans much less stable with their high centre of gravity and no keel (sp)?

I also think it's silly there were no knives allowed, any child at home can walk to the kitchen and grab one, too, and this doesn't cause any trouble. It's not like your average 11yr old can't be left alone with a little knife to cut rope in emergencies. Better an accidental cut than an accidental death.

As for the lawsuits, it's hard to comment on that without knowing the whole case, but i got a sneaking suspicion it's rich parents from a western nation and the resulting diplomatic pressure that has caused the Greek authorities do do this rather than put their good name for tourism at stake. It's a very large source of income for Greece, after all.

Also, it's easy to speak foul of vengeful parents, but losing your daughter like that is the worst thing that can happen in your life. It's a natural reaction. It's just a shame the courts don't stand up to it.

 

[Gopha]

Catmarans are evil ,all you get is a spray of salt water in your chapped lips and you fall off because all your hanging onto is the netting which is what u sit on, and if youre not working the sals or steering you can hang on to the mast

 

[Pestcontrol]

I don't think i'd enjoy saling on one so much to begin with. I like to feel the air and the sun, to be at leisure, that's what makes sailing worthwhile to me.

 

[Fi$hy]

Actually no, A catamaran is usually far more stable than a mono hull, due to the load being spread. However a catamaran is also extremly fast, leading to increased danger.

I'm suspicious that this case wasn't even the boat's fault.

In a normal capsize even whilst on trapeze, the crew should be flung clear (as in pulled up and away) as it will result in the boat being blown over flinging the crew on top of the rigging.

I think what happened was there was little wind at all. Girl and friends are pissing about hanging outside the boat, and the boat without the correcting force of the wind "fell" on top of them, resulting in her being trapped underneath the boat.

As for the knife question, I don't know from a health and safety point of view, you can see why there wasn't easy access to knifes (especially as the RIBS are left unattended on the beach side.)

However, your point is valid, I carry a knife when I sail, prefering to damage my boat rather than myself

I do sympathise with the parents, but I don't like the idea of the beach crew being taken to court, as from the various articles on the web it's not like the crew didn't try and help her.

 

[BiG D]

So, does this mean the disclaimer they no doubt signed beforehand means nothing in court?

 

[Pestcontrol]

Yes, you're right, given the wind and the way a boat's blown over you should always end up above the sail when on trapeze, rather than stuck under it. Why didn't i think of that.

For the rest, it's all speculation if you don't know the details of the case. Meditarranean weather can be tricky and unpredictable.

As for the disclaimer, it's not an excuse for negligence to go unpunished. I got a feeling that's not the case however, as i stated in my first post, there may very well be political motives.

 

[Gopha]

but fishy because it goes to such high speed the wind tips it over as it is a light boat, and you have to stand on the actuall hull to stay on the boat if you go that fast ( i did it hanging on a rope-quite scary yet amusing)

 

[T-Bone]

[mod]Thread moved to Soap Box due to the nature of debate the thread is moving in.[/mod]

 

[Phryxus]

I have to agree with you Fish, and with Docbot and his point about the parent needing someone to blame - you can see this in practically all of the armed police court cases. Whilst I can't comment upon the minute details of the case, it seems like the courts have taken the steps to dismiss those it deems immediately responsible, choosing not to consider the longer road that details how, had the health and safety protocols allowed knives in some form, this would never have happened.