In many situations it's not the number of lawsuits that is the real issue, but the size of the awards. Malpractice is the best example of this. There is too much of a punitive nature as opposed to a compensation for loss award. There are some real issues too in determining the value of losses. What is the value of a lost life for instance? The cost of malpractice insurance would change dramatically if there was an upper limit put on them, even if that limit was something like $10 million.
The cost to bring a suit can be huge and while that may be a deterrent, that has it's own problems. There are unscrupulous companies and individuals who use that to hide behind. They challenge people to sue them, knowing most can't afford to stay the course through suits, appeals, and more appeals. The side with the most money has a huge advantage.
Now, let's forget the financial issues and suits for a moment. I honestly don't think of those on a day to day basis when boating or doing anything else. I think of my moral obligation to friends, family and other guests. I feel responsible. I take that responsibility very seriously. I can't think of anything worse than someone getting seriously hurt or even killed while at my home or on my boat. At home, we don't allow running in the pool area and we don't allow throwing or pushing anyone in. We have no diving board. We're very free and open people in most respects but home or on the boat or in business, safety comes first. In business we have a strong safety program, and it's not because of OSHA or lawsuits, it's because we don't want to see people hurt. So, back to the boat.
We have very strong rules of behavior aboard. It starts with no drinking while underway. It includes a strong, "The Captain is in charge." It includes rules like do not help, unless asked and instructed to do so. Otherwise, when we dock, you stay where you are and don't move around. We have friends who are boaters and may help but under our instructions and they know what and what not to do. Amazing how many people get hurt because they don't realize their 160 lbs can't stop a 50 ton boat. If we say to put on life jackets or to get off the bow of the boat or to be seated, we mean it. If you bring a small child aboard, they will wear their life jacket and you will stay with them and keep them from harm's way. You don't relinquish parent responsibilities at our home or on our boat. There is nothing possible that would destroy our love of boating as quickly as a death or serious injury while doing so, especially if it was a result of our failure to enforce good boating rules. I think of one of the simplest. When I was young, I was never allowed to go swimming alone. I was a tremendous swimmer and that seemed silly to me then. I wasn't aware of cramps and heart attacks and everything in between. You don't swim in our pool at home alone, don't just go out by yourself. You don't swim off the boat alone. Either a constant observer acting as your lifeguard or a swim partner. Many things in life not to do alone. Don't go walking around the streets of a big city at night alone, don't go walking the streets of a foreign country alone.
The good doctors don't focus on malpractice. They focus as our doctors on this board have said, on doing things the right way. That's what we all have to do on our boats. The best protection you can have is that.
