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lydia said..
You are a club auditor.
There is a category 3 overnight coastal race coming up.
You audit a 38 foot multi.
You sign the declaration on the inspection form.
But because there are out of sight you forget to check for safety lines under the bridge deck.
In the race the multi capsizes and two people are washed away from the up turned hull as there are no safety lines.
Where do you stand as the auditor liability wise.
Lydia, your example is quite specific, so no doubt you have some experience in a similar situation. But an interesting and timely thread. Note: I am not an auditor.
A Cat 3 overnight race involving Catamarans is not a normal weekend event. An auditor at Cat 3 is not going to be newbie or weekend warrior, and is unlikely (but not impossible) to miss important safety items.
Usually, the Cataraman would be inspected by the home club of the vessel and have its inspection form done there. I suspect that most clubs that race Multis have specialist auditors to handle their inspections. Certainly our club does. While it is possible that the event hosting club may do spot checks, most will ask for a copy to be posted on TopYacht for perusal if required.
As you are no doubt aware, the owner fills out the form first, then is cross checked by the auditor. If an owner contents that an auditor did not check a safety item, it would be a case of he said / she said. A tick in the relevant box means it has been checked by each party. If it is unticked the form is not valid and should not be submitted for the event until all the items are ticked (or marked N/A).
Also the owner could remove the ticked safety equipment on-route to the event (or at any time), even after having been checked. RRS rule 3 describes that the onus is on the owner (and crew) to comply with the rules of the event at all times. Also rule 4 of RRS states:
The responsibility for a boat's decision to participate in a race or to continue racing is hers alone.So, from a liability point of view, the owner should always be liable for the safety of his/her vessel. But, as happens all to often, if you get legal people involved in such a discussion. they will find lots of ways to pin the liability on someone else.
Noel