Tim Farriss of INXS sues CHB/Clipper 34

BruceK · Aug 31, 2021

https://www.abc.net.au/news/2021-08-30/inxs-guitarist-tim-farriss-lawsuit/100418328

Tim Farriss was the guitarist of INXS,in 2015 he hired/chartered what we call a Clipper 34, elsewhere called a CHB or Marine Trader, a 2 stateroom 2 head Taiwanese built 34ft trawler.

There`s some dispute about how, but somehow his fingers, the anchor chain, and gypsy got in contact, injuring all, severing one which was reattached with limited success as regards playing the guitar.
At one time there were dozens of these boats in charter, now they are largely replaced by houseboats, and Resort 35s. They were old boats in 2015, possibly 30yo.

The case could turn on several versions of "how" it happened, and what you tell the ambulance paramedic definitely gets recorded, it`s contemporaneous, and often highly regarded. Inadequate instruction can be an issue, if you don`t know what you are doing dropping an anchor, using it`s clutch, operating the "up" and "down" press buttons next to the horizontal windlass, you could easily find trouble, and maybe not find one of your fingers.
It`ll take all week to hear the case, maybe longer for a reserved judgement, or it may settle as the "facts" start to gell, but there is a dispute about economic loss too, so maybe not.

Boat cases were all too rare when I was practising,best one was a collision between an 18ft sailing racing skiff, well capable of planing at 20 knots + downwind, and a photographers boat. Always fun to get one.

Simi 60 · Aug 31, 2021

Would have been worth doing a piss and drug test at the time

Also a great argument for no foot switches.

Roger Long · Aug 31, 2021

Reminds me of something that happened in Cape May. A big ketch came in at 0400 after an all night passage and started trying to anchor all over the place. They would let the chain out until the anchor just touched the bottom and put it in reverse. “It’s dragging”, the fellow at the bow would yell. They would then go try another spot. They then tried dragging the anchor around on the bottom at about 1:1.003 scope to see if it would grab something. That didn’t work so they decided that, if other boats were holding, those must be the good spots so they tried anchoring right in front of other boats right on top of their anchors. Chased away by lots of yelling and profanity by several boats, they tried about 50 feet abeam of me. I gave them instructions on how to anchor which they appreciated and pointed them towards a good spot (far away).

Next thing I knew, there was screaming and Coast Guard boats running out to the ketch. Because they had some scope, this time the anchor did set, and suddenly. The fellow had evidently been lifting the chain out over the gypsy and the sudden tension of the anchor grabbing pulled his fingers into it. I last saw him, he was riding in a USCG boat with his bandaged hand held high over his head. I met one of the crew, his wife I believe, the next day ashore and got yelled at. It was my fault because of the instructions I had given them. The boat did remain anchored however.

OldDan1943 · Aug 31, 2021

What's more important, fingers and hand or a foot.
Without watching, we really dont know how he got his fingers involved.

Granted, I am no whiz at anchoring but I know enough not to put my fingers near anything that can rotate or really really hot.

A word of advice: If you are going to touch something that maybe hot, use the back of your hand. If it is too hot, the initial response will be to automatically pull your hand back. IF you use your fingers and it is very hot, you hand muscles will contract and you may very well end up grasping the hot surface even tighter. (US Navy)

BruceK · Aug 31, 2021

OldDan1943 said:
What's more important, fingers and hand or a foot.
Without watching, we really dont know how he got his fingers involved.

Granted, I am no whiz at anchoring but I know enough not to put my fingers near anything that can rotate or really really hot.

A word of advice: If you are going to touch something that maybe hot, use the back of your hand. If it is too hot, the initial response will be to automatically pull your hand back. IF you use your fingers and it is very hot, you hand muscles will contract and you may very well end up grasping the hot surface even tighter. (US Navy)

I thought that advice related to touching electrical componentry. Be surprised if anyone,including Farriss, knows for sure exactly how it happened.

Capn Craig · Aug 31, 2021

OldDan1943
Guru

OldDan1943's Avatar

City: Aventura FL
Vessel Name: Kinja
Vessel Model: American Tug 34 #116
Join Date: Oct 2017
Posts: 8,171
What's more important, fingers and hand or a foot.
Without watching, we really dont know how he got his fingers involved.

Granted, I am no whiz at anchoring but I know enough not to put my fingers near anything that can rotate or really really hot.

A word of advice: If you are going to touch something that maybe hot, use the back of your hand. If it is too hot, the initial response will be to automatically pull your hand back. IF you use your fingers and it is very hot, you hand muscles will contract and you may very well end up grasping the hot surface even tighter. (US Navy)

reminds me of a story: Old blacksmith was shoeing a horse, had the charcoal real hot, had the bellows blowing real good, had the current horse shoe a bright red, as he hammered it to fit. bystander fella comes by and watches. Then reaches out to grab a horseshoe to look at it. Old blacksmith says those shoes are a bit hot! Guy answers back I looked at real quick!

Peter B · Sep 1, 2021

From memory, the Clipper range never had foot operated anchor winch switches, so it was all done from the helm, and I would expect that to be definitely so for one in charter, and meeting the safety requirements required.

He might have a case if it was a situation where he was trying to free a jammed chain - possibly because they had forgotten to remove the snubber - and the thing suddenly freed itself up, and with the anchor weight it shot out taking his finger along with it. :facepalm:

However, if he was fiddling to free a jam, and someone else at the helm hit the switch - another reason to do it all yourself, so you can't do that, and why Simi made the comment he did - he might not have much of a case against the charter co, and should be suing the crew member instead. But of course he wouldn't do that.

BruceK · Sep 1, 2021

It`s speculative,but if the Clipper didn`t have windlass foot switches, a QC is unlikely to suggest to Farriss he told the Ambos he accidentally operated a switch with his foot. There`d be no point unless there was a switch. I`d be surprised if it had a snubber,something more for a usually inexperienced hirer to master.
Years ago I chartered a Clipper 34, maybe twice. I recall taking one back to the marina because of overheating. Boats in a hire fleet can be individually owned, and owner has input on maintenance.
Boats like this get hired to inexperienced unlicensed operators with a brief instruction intro while docked, maybe a Manual to read, and a phone or VHF name to call for help. Doesn`t surprise me hirers could strike trouble, not even recognizing when trouble was approaching. I`ve seen interesting attempts to pick up a mooring ball and to drop anchor,I`ve even offered polite help. You would not want most hirers anchoring near you.

OldDan1943 · Sep 1, 2021

BruceK said:
I`ve seen interesting attempts to pick up a mooring ball and to drop anchor,I`ve even offered polite help. You would not want most hirers anchoring near you.

BruceK, wanna instruct me on how to pick up a mooring ball?
Come on over. SMILE

Gdavid · Sep 1, 2021

OldDan1943 said:
What's more important, fingers and hand or a foot.

I would say fingers for a professional guitarist. Sorry to hear about his loss.

OldDan1943 · Sep 1, 2021

Gdavid said:
I would say fingers for a professional guitarist. Sorry to hear about his loss.

Maybe his brief said, "No one told me what could happen."
I guess they should have a check off list for him to sign???

BruceK · Sep 1, 2021

OldDan1943 said:
BruceK, wanna instruct me on how to pick up a mooring ball?
Come on over. SMILE

I`d like that, I`d like to go anywhere beyond my Local Govt(Municipal) area, or 5km from home if I go outside my LGA. We have to get to 80% vaxxed before that`s maybe on the table. In my State,we`re currently at 70% one dose(16 years>),approaching 40% with 2 doses.
C`mon Dan, you must know how to pick up a mooring ball. It`s easy, esp with the twins you don`t have

.Ours have pennant lines,easy with a boathook. I think we have way more boats kept on moorings, and I`m used/was used to picking up free to use National Parks moorings in our near cruising areas. There is even a way to pick up solo, using a line from the bow leading back to the cockpit.

BruceK · Sep 2, 2021

Hoping to find an update on the progress of the case I didn`t, but I did find another report which gives more detail as to what might have happened.
I suspect the big issue in the case is economic loss but hey, you`re there, give the liability issue a good hard run.
https://www.theguardian.com/music/2...en-his-finger-was-hacked-off-in-boat-accident
Oh yes, I`ve seen "Omega" around, and it doesn`t look as nice as the pic I lifted from the charter co. website

OldDan1943 · Sep 2, 2021

BruceK said:
C`mon Dan, you must know how to pick up a mooring ball. It`s easy, esp with the twins you don`t have.Ours have pennant lines,easy with a boathook. I think we have way more boats kept on moorings, and I`m used/was used to picking up free to use National Parks moorings in our near cruising areas. There is even a way to pick up solo, using a line from the bow leading back to the cockpit.

old, bad back, dont flex like I used too.

BandB · Sep 2, 2021

Like another thread, I would be shocked if the contract to charter didn't have all sorts of disclaimers of liability and even right to sue. Definitely sorry for his injury and realize the fact it's more severe due to career. However, there's another side of that. If you make your living with your hands, you know you must be more careful and take more precautions. We knew a hand model and the steps she went through to protect her hands made you wonder if it was really all worth it. She also had her hands insured and many guitarists do also.

Comodave · Sep 2, 2021

It is really too bad that this happened but why would he be chartering a 34’? You would think that he would be chartering a much more expensive boat. Maybe he just like smaller boats???

BruceK · Sep 2, 2021

OldDan1943 said:
old, bad back, dont flex like I used too.

I normally keep 2 back issues under good control with regular 1km lap swimming,but for now pools are closed, like everything else here. It`s worth a try, you might even enjoy it.

BruceK · Sep 3, 2021

A little more "information": https://www.nme.com/en_au/news/musi...-severed-finger-from-boating-accident-3035531
Odd the defendants say they don`t know what happened but whatever it was, it wasn`t their fault. There seems no dispute the anchor chain was rusty, kinked,dirty, and I infer, the links were stuck together. Could be from from disuse, on a hire boats most hirers try to pick up a mooring rather than drop the anchor.
Even if Farriss did something causative wrong,it could be regarded as "contributory negligence" and damages diminished by his % contribution.
Exclusion of Liability clauses are construed "contra proferentem", ie against the party relying on the exclusion clause, and "read down" wherever possible.

BandB · Sep 3, 2021

BruceK said:
Exclusion of Liability clauses are construed "contra proferentem", ie against the party relying on the exclusion clause, and "read down" wherever possible.

In the US, the term often used in "contrary to public policy."

In business in a large company we had many contracts with smaller contractors. We attempted to write fair and equitable contracts as courts are adverse to letting you win simply because you wrote the contract or you had better lawyers. In the case of a boat rental, the typical "you signed it" may well fall of deaf ears in court. The charter company paid lawyers to spend considerable time developing the contract. Often the charterer only saw it briefly and signed it on the spot. A smart charter company would provide in advance and encourage them to have it reviewed by their attorney, but few do that.

Severance agreements are one of the most one sided agreements in the US. Employer agrees to pay former employee for x amount of time and employee agrees to forego all rights to sue or file claims or anything else. Either sign or you get no severance. Now normal practice is to not put agreement into effect for a period of time and require employee to return and sign either that they had a lawyer review it or chose not to do so in spite of being advised to do so. Still, in 30 years, I've never had a terminated employee refuse to sign.

I doubt seriously, that a boat rental company or charterer has had customers refuse to sign. The contract is written to protect the owner and most are very one sided. We chartered about about 8 to 10 boats in 2012-13. We refused the standard contract. They didn't like it but we had a good reputation for our chartering. Our charter broker made it clear we would not sign the standard form. The standard MYBA form is actually equitable between owner and charterer, but it's drawn by a broker association and has clauses such as broker fee is considered to be earned when signed so if contract cancelled even by force majeure and by either party, broker still gets full commission. Also, if charterer buys the boat within 2 years, the broker gets a 15% commission. Pretty obvious who wrote the agreement.

Typically though I'd think when you charter a crewed boat, the liability on the part of the owner is very high. However, when you charter without a crew, to operate yourself, your attesting to your own knowledge and to release the owner from liability is more a factor. You are saying you're knowledgeable and capable.

BruceK · Sep 11, 2021

More recent "media" report says case is complete, judgement in November/December. Defendants counsel(Turnbull) is quoted as admitting the unguarded chain system was dangerous but claims Farriss behaved unreasonably dealing with it. Verdict for the Plaintiff I expect, ? contributory negligence reducing damages. The real fight is economic loss, was the band already washed up,unlikely to ever tour/perform, finger or no finger?
https://ultimateclassicrock.com/inxs-tim-farriss-boat-accident-finger/

OldDan1943 · Sep 11, 2021

OSHA will not redesign the windlass with so many protection and safety devices that it will no longer be useful and still, someone will manage to injury themselves. And don't forget, at least 15 caution signs in 4 different languages.
Maybe required at least 12 hours training too.

Alisske · Sep 11, 2021

Simi 60 said:
Would have been worth doing a piss and drug test at the time

Would never wish injury on anyone and I'm sorry he had to go through that. That being said, he is responsible for his own fingers and where the hell he puts them.

The fact he is suing makes my apathy level drop a great deal. I hope he recovers well, but personally, I think he's a tool.

((Maybe I'm grouchy because I have mot finished my first cup of coffee)

Seevee · Sep 11, 2021

BandB said:
In the US, the term often used in "contrary to public policy."

In business in a large company we had many contracts with smaller contractors. We attempted to write fair and equitable contracts as courts are adverse to letting you win simply because you wrote the contract or you had better lawyers. In the case of a boat rental, the typical "you signed it" may well fall of deaf ears in court. The charter company paid lawyers to spend considerable time developing the contract. Often the charterer only saw it briefly and signed it on the spot. A smart charter company would provide in advance and encourage them to have it reviewed by their attorney, but few do that.

Severance agreements are one of the most one sided agreements in the US. Employer agrees to pay former employee for x amount of time and employee agrees to forego all rights to sue or file claims or anything else. Either sign or you get no severance. Now normal practice is to not put agreement into effect for a period of time and require employee to return and sign either that they had a lawyer review it or chose not to do so in spite of being advised to do so. Still, in 30 years, I've never had a terminated employee refuse to sign.

I doubt seriously, that a boat rental company or charterer has had customers refuse to sign. The contract is written to protect the owner and most are very one sided. We chartered about about 8 to 10 boats in 2012-13. We refused the standard contract. They didn't like it but we had a good reputation for our chartering. Our charter broker made it clear we would not sign the standard form. The standard MYBA form is actually equitable between owner and charterer, but it's drawn by a broker association and has clauses such as broker fee is considered to be earned when signed so if contract cancelled even by force majeure and by either party, broker still gets full commission. Also, if charterer buys the boat within 2 years, the broker gets a 15% commission. Pretty obvious who wrote the agreement.

Typically though I'd think when you charter a crewed boat, the liability on the part of the owner is very high. However, when you charter without a crew, to operate yourself, your attesting to your own knowledge and to release the owner from liability is more a factor. You are saying you're knowledgeable and capable.

BandB,
That's all good and great that you draft agreements that are "equitable", and understand your reluctance to sign one sided agreements.

I'm the same way... to a point. But want it "my" way on both sides.

Sometimes folks have to be trained, like employees and tenants. My agreements for both were WAY one sided on my part and I went into great detail and training with everyone that signed them.

People do stupid things, and the goal was to prevent that. So, my contracts put MUCH more responsibility on their backs and made them think before doing stupid things. Especially my rental agreements. Virtually all responsibilities were on the tenants back....no exceptions.

It gave me the right to control them, which was needed. They only got one chance to be bad and I got rid of them, and if they were good they got rewarded. And if they did stupid things, they paid for it. In 25 years since I used this contract, over several hundred tenants, rarely had any problems, zero lawsuits and no injuries.

Sometimes strong contracts are necessary. And, I'll bet the rental one for the boat was.

Marco Flamingo · Sep 11, 2021

Make me think of an old timer that used to come in for afternoon coffee and tell stories with the other geezers. His first job was as a cabin boy on a ship that took lumber from Port Gamble to San Fancisco. A sailing ship. He later worked many years as a long shoreman. He told me that his union was the only coverage for on-the-job injuries. Loss of a finger was $100. Thumb was $500. How's that for severance pay.

BandB · Sep 11, 2021

Seevee said:
Sometimes strong contracts are necessary. And, I'll bet the rental one for the boat was.

There is strong and there is unreasonable, but I bet the rental agreement was like the ones you write and strong but still enforceable. Now the one thing I bet you do is cover it well with tenants. That's the other factor. Does the company make the people actually take time to read it or do they cover it in detail with them.

One thing I have seen in contracts recently is requiring each paragraph to be initialed to try to impress reading and agreeing to each statement.

Seevee · Sep 11, 2021

BandB said:
There is strong and there is unreasonable, but I bet the rental agreement was like the ones you write and strong but still enforceable. Now the one thing I bet you do is cover it well with tenants. That's the other factor. Does the company make the people actually take time to read it or do they cover it in detail with them.

One thing I have seen in contracts recently is requiring each paragraph to be initialed to try to impress reading and agreeing to each statement.

BandB,
You're absolutely right. I spend at LEASE two hours with them at the signing and everyone on the contract must attend. And this is after I've gone over it many times in dealing with them. Tenants are like employees. They must be trained and must understand the responsibilities and duties. And also, the benefits. Good ones are worth their weight in gold, and the bad ones can bankrupt landlords.

BruceK · Sep 11, 2021

We have a Contracts Review legislation,enabling Courts to rewrite grossly unfair contracts.
Returning to boats, a boat like the MT34 hired here is reasonably complex to operate. Think how long it takes to be fully familiar(if ever) with a new boat. Hirers, generally unlicensed, come in a wide range of skill levels and are let loose with a boat after maybe 15 minutes instruction, maybe with a reference manual, and a phone number or VHF contact. Anything can arise, it`s a hire fraught with risk, and if anything on the boat is not in good working order problems you or I might easily resolve many hirers may not. If the boat comes with a sleeping maintenance issue which blossoms into reality, many hirers are going to struggle, and it may be reasonable to sheet responsibility back to the owners. Each case on its own merits of course.

Tim Farriss of INXS sues CHB/Clipper 34

Moderator Emeritus

Guru

Senior Member

Guru

Moderator Emeritus

Guru

Guru

Moderator Emeritus

Guru

Guru

Guru

Moderator Emeritus

Moderator Emeritus

Guru

Guru

Moderator Emeritus

Moderator Emeritus

Moderator Emeritus

Guru

Moderator Emeritus

Guru

Senior Member

Guru

Guru

Guru

Guru

Moderator Emeritus

Similar threads