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Is the skipper liable if a member of the crew gets hurt?
Short answer
The skipper is responsible for the boat and the crew. If a duty of care is breached and someone is injured, the injured crew member can claim compensation, even when everyone on board is a friend.
On board the skipper has the final say and with it the responsibility. That includes briefing the crew on safety equipment and manoeuvres, deciding whether to leave harbour in poor weather and telling people when to wear lifejackets and harnesses. If a crew member is hurt because one of those duties was neglected, they may be entitled to claim damages from the skipper.
Many people assume this does not apply among friends, because the trip is a favour rather than a contract. Courts in many countries are reluctant to find that friends have silently waived their right to compensation, especially where insurance would be available to meet the claim. In addition, whoever paid for treatment, a health insurer for example, may in some legal systems be able to recover those costs from the person responsible. A fall in the cockpit can therefore turn into a claim nobody expected.
Whether insurance pays depends on the boat and the contract. Crew injury claims are commonly included in the third party cover of a privately owned yacht, though relatives living in the same household are often excluded. On charter yachts it varies, and some policies exclude claims between members of the crew, which is where skipper liability insurance with crew cover matters. A recorded safety briefing, a crew list and personal accident cover for everyone on board help regardless of fault.
Worth remembering
The skipper
is responsible for the crew
Friendship
is no defence on its own
A recorded safety briefing protects the crew and the skipper at the same time.
Questions
What owners ask us about this
Am I liable if a friend falls on board?
Only if you breached a duty of care, for example in the safety briefing or in the instructions you gave. A pure accident without any breach of duty does not by itself create liability.
Why should I record the safety briefing?
Because it is your most important duty and at the same time your evidence. Note the date, what was covered and who attended, on the crew list for instance, so you can show later that the crew was informed.
Related
Not sure whether you qualify?
Whether it is “Is the skipper liable if a member of the crew gets hurt?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
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