ASTM standard I abstained on is a guaranteed lawsuit starter
Posted: October 15, 2014 Filed under: Uncategorized | Tags: American Society of Testing & Material, ASTM, Hangliding, Paragliding, Parasailing, Weather Leave a commentI’m hurt because you did not check the weather correctly!
So this is the new standard that I was asked to vote on recently.
Withdraw With Replacement to F2993-2013 Guide for Monitoring Weather Conditions for Safe Parasail Operation WK47376 PDF (8.0K)
(SEE VOLUME 15.7)(CONCURRENT WITH .6500)
TECHNICAL CONTACT: Matt Dvorak
daytonaparasailing@hotmail.com
(386) 547-6067
When I don’t fully understand the issues or have not seen the actual standard (yes it is a little crazy trying to read what you are voting on sometimes) I abstain. I did so on this standard also.
Besides voting against a standard requires you to articulate the reasons why you are voting no on the standard. “This is stupid,” is not a good reason according to the ASTM. Nor is “this is going to help plaintiff’s win lawsuits” a valid reason for voting no.
However, can’t you see this doing nothing but creating legal nightmares.
“You said you checked the weather, and you said to launch, but the wind changed because a front moved/truck came by/that is what the wind does, and I crashed. You owed me a duty to check the weather; that duty is in writing, and you agreed to it by becoming a member of the ASTM and agreeing to the standard (or not agreeing to the standard; you are still held to the standard), and my injuries are a result of you not following the standard.”
Duh
Somewhere, the ASTM, there is an idea that the creation of standards stops lawsuits, but even the ASTM can’t show any proof of that.
What do you think? Leave a comment.
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If you throw a throwbag incorrectly (yes there is now a right way and wrong way) that can be used to sue you. It used to be the correct way was the swimmer got the rope; incorrect way swimmer missed the rope.
Posted: April 16, 2014 Filed under: Paddlesports | Tags: American Society of Testing & Material, ASTM, Guide, Paddlesports, Personal Flotation Device, Raft guide, Rescuer, Search and Rescue, Swiftwater rescue, Throw bag, Throw Rope, Throwbag, Water Rescue, Water Rescuer, Whitewater Guide 1 CommentYo! Raft guides, ever been sued? New ASTM standard will now make that possible!
Well meaning, hardworking volunteers have no idea how they are helping to create lawsuits but here is the perfect example.
ASTM F1730 – 96(2014)
Standard Guide for Throwing a Water Rescue Throwbag
Active Standard ASTM F1730 | Developed by Subcommittee: F32.02
Book of Standards Volume:13.02
Here is how this standard is explained.
Significance and Use
3.1 This guide establishes a recommended procedure for a throwing rescue to ensure the safety of all water rescuers who may be involved in rescue techniques at a water rescue emergency.
3.2 This water rescue technique can be utilized from land, boat, or any stable platform.
3.3 All persons who are identified as water rescuers shall meet the requirements of this guide.
3.4 This guide is intended to assist government agencies, state, local, and regional organizations; fire departments; rescue teams and others who are responsible for establishing a minimum performance for personnel who respond to water emergencies.
3.5 The procedure outlined in the document may vary with the number and type of victims, and water conditions.
1. Scope
1.1 This guide covers the recommended procedures for throwing a water rescue throwbag.
1.2 This guide is one in a series of water rescue techniques for the water rescuer.
1.3 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
Does this apply to raft guides? I would say yes.
Is a raft guide a “water rescuer” who may be involved in rescue techniques at a water rescue emergency.” If so you have to meet the requirements of this guide.
Do you know the name of a group of people who meet this definition? “…others who are responsible for establishing a minimum performance for personnel….” They are called a jury.
Let’s see how this is a messed up idea.
You were a high school quarterback with a good arm. You can throw a throwbag just like a football with great accuracy.
You are right-handed and standing on shore next to a rock wall. There is not room to throw the throwbag underhanded.
You are on a 12’ raft in the Royal Gorge on the Arkansas River. Does the definition of 3.2, which describes a boat as stable apply to you? Since your boat is not stable should you knot use your throwbag? Are you allowed to throw any way you can, if you are not stable?
Seriously, why is someone writing these things? Can’t they see how broadly this is written and how much damage it will do?
Look, someone is in the river it doesn’t matter if you are throwing the bag backwards, blindfolded standing on one leg in a pink tutu. If you get the rope to the swimmer, that was the correct way!!!
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2014 Recreation Law (720) Edit Law
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By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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