Anyone see first hand or hear about a swimmer being hit (run over while in the water) by a windsurfer around 5:45 pm on Friday at Watermans in WA ?

Kev

No. But geez they are hard to see when coming into the shore late in the afternoon and looking into the sun.
And it is usually small kids in the water with little appreciation of the dangers of an oncoming windsurfer, or kiter.
If the reflection off the water is straight into your eyes it is almost impossible to see what's in the glare.
My advice to everyone is to be REALLY careful when close to the shore with the sun in your eyes.
A sliced and diced kid in the water will result in some very severe restricions being placed on winsurfing in some areas.

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pweedas said...

A sliced and diced kid in the water will result in some very severe restricions being placed on winsurfing in some areas.

And...prob not good for the kid either.

I know there was a kid who got hit by kite strings there a few weeks ago.

There is a warning sign ("warning windsurfers frequent this area") like at mettams. I thought that gave us the rights to do anything we want !

Well of course it does. Slice and dice all you like if there is a sign up.
I mean that's what the sign is for isn't it?

I'm talking about if there is NO sign.
i.e a "STRICTLY NO SLICING AND DICING" zone.

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pweedas said...

No. But geez they are hard to see when coming into the shore late in the afternoon and looking into the sun.

Dude, do you live in a different WA that is on the east coast or something???

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WindWarrior said...

Anyone see first hand or hear about a swimmer being hit (run over while in the water) by a windsurfer around 5:45 pm on Friday at Watermans in WA ?

Kev

As long as the swimmer was swimming to try and catch his kite then it is OK

All jokes aside, it was/is a serious question.

Besides any injuries sustained by the swimmer, what would be the possible legal ramifications of hitting a swimmer while sailing ?

Well hard to say Kev. If he was the only swimmer and it was seriously windy with obstructed vision due to waves / wind spray, and the swimmer entered the water 200m away and swam towards the windsurefers, then if the swimmer sued the windsurfer there would be a good defence that he did not reasonably expect a swimmer to be there.

If however there was 100 swimmers there on a nice day for swimming (ie not windy) and one lone windsurfer entered the water on his formula gear in the middle of them, and starts planing around thru the swimmers and even worse showing off / spraying them ....... (I'd call that "kite style") ....... then different story

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WindWarrior said...

All jokes aside, it was/is a serious question.

Besides any injuries sustained by the swimmer, what would be the possible legal ramifications of hitting a swimmer while sailing ?

i'm not a lawyer or an expert but i would say the outcome is probably not good.

it is my understanding that a sail craft must slow to 6 knots within 30m of a swimmer.

at the end of the day, all clubs affiliated with their state branch which is affiliated with the AWA offer insurance.

not that am proud ofjavascript:insertsmilie('')i scraped one 2yrs back i jumped into the water and lifted the kid out of the water lucky no dices..that really scared the crap out of me..now if there are a bunch of kids swimming i make sure of distance and no one's bobbing beneath

Still waiting for the full story from the sorce but it seems it was one swimmer, out past the break, setting sun, and a decent seabreeze.
2 or 3 other sailors out.
Sign at beach highlighting windsurfers frequent the area.
Not sure about any insurance held by sailor... unlikely

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Mark _australia said...

pweedas said...

No. But geez they are hard to see when coming into the shore late in the afternoon and looking into the sun.

Dude, do you live in a different WA that is on the east coast or something???

Nah, just late sailing at Pelli can point.
Coming in to the take off area with a SSW wind on sunset means you are straight into the sun. I have been surprised a few times by kids that "materialise" out of the glare.
Dogs too, but dogs not quite so critical.
But you're right. It must be a bigger problem on the east coast.

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WindWarrior said...

All jokes aside, it was/is a serious question.

Besides any injuries sustained by the swimmer, what would be the possible legal ramifications of hitting a swimmer while sailing ?

The reality is, and always was, if someone gets hurt, the local council will always rule to remove the danger.
And if it is a windsurfer/swimmer incident, the danger will be seen to be the windurfer. Hence a "NO WINDSURFING" sign.
Same thing if it's a windurfer/canoe , windsurfer/ paddle board, windsurfer small yacht, ,.. windsurfer/ well almost anything really.
About the only time a windsurfer might come out legally better off is in a wndsurfer/kiter incident, but this would depend on circumstances.

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As long as the swimmer was swimming to try and catch his kite then it is OK

classic-love it

More info about incident...

Swimmer was floating around behind the break... not swimming laps or moving, making it very difficult to see him.
Older guy not a kid.
Setting sun, no clouds and serious glare.
Sign posted as Windsurfers Frequent area.

Two or three other sailors were out.. one of which provided ice to the initial sailor trying to help the guy.

Bit of a scene to passer by's about being hit and the resulting pain and immobility.

Potential legal action implied by swimmer.
Number plate of sailor taken but no name as a result of implied threat of legal action.

Kev

Hope he/she's a Windsurfing Australia member with liability cover.

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WindWarrior said...
Potential legal action implied by swimmer.

I wonder if you could lie on a highway at night wearing black clothing and sue for resulting damages?

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crazyjockey said...

WindWarrior said...
Potential legal action implied by swimmer.

I wonder if you could lie on a highway at night wearing black clothing and sue for resulting damages?

ya can't sue if ya dead! dont try this one at home kids!

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crazyjockey said...
I wonder if you could lie on a highway at night wearing black clothing and sue for resulting damages?

Don't go there.

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crazyjockey said...

WindWarrior said...
Potential legal action implied by swimmer.

I wonder if you could lie on a highway at night wearing black clothing and sue for resulting damages?

Yep. Happened in Albany about 8 years ago to a truck driver! First attempt to sue failed because it preceded the traffic charge outcome, but he was found guity so 2nd attempt to sue resulted in a win. I was a truck driver at the time and it came out as a company bulletin

Also happened in Kalgoorlie about 3 years ago. Guy in a 4 wheel drive ran over the head of a guy sleeping on the road. He didn't know he had done it but his mate was following and saw it. Police didn't charge him but recommended he leave town. He did.

What about the old 4knots 400metres from the beach rule?
Thats stands firm for all watercraft.

Blokes got a right to bob about in the ocean without getting run over.

We need a technical solution - forward scanning passive sonar that will not only warn us about miscellaneous blokes bobbing about in the ocean and turtles but will also tell us when its too shallow for our fins. You know it makes sense.

Was the victim seriously hurt?

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NotWal said...

Was the victim seriously hurt?

I was told he was in a lot of pain, had mark on back where he had been hit. Suspected bruised / cracked rib. He was having trouble breathing but managed to drive home. Evidentally he is a regular swimmer there but just strayed into the area that sailors tend to come in / out. Hopefully he will recover but Im sure he is/was in a lot of pain. The sailor wasnt one of the regulars there which might not have helped.

I always keep an eye out for swimmers etc... but dont tend to come in close that often. At watermans on Weds and surfers were pushing right up into south side where sailors have to go but at least you can see them.

Sailor was/is a regular

Any more info on the swimmers condition and potential legal action ?