The water toys now found on many yachts are reaching not only the ridiculous, but the dangerous. From mini-submarines to inflatable water slides from the upper decks, from the ubiquitous jetski to the underwater Ski-Bob helmets, it seems like a liability nightmare for yacht owners, captains and their lawyers. What should a captain/owner do to protect himself and his yacht against liability problems? Should guests sign waivers? What do you do if a boozy guest wants to take a high-speed jetski for a run through the anchorage? Any advice on insurance policy riders or liability coverage?
I'm not sure what your question is. Yes, of course, most countries have laws against DUI for both fast and slow boats. But the question is a lot wider than that---forget the booze issue. How do you protect yourself against a lawsuit if a guest (either charter or owner's friend) whacks his head while playing on a waterslide. Or who doesn't come up when playing with a Sea Bob?
Most of the toys should be on the insurance of the yacht and if it has insurance covering charter it should cover for accidents. But of course the Captain must make sure the driver/user of the toys is knowing how and able to do it right. But having the guest signing that he or she is responsible is an option.
I recently looked over an owner's policy and it stops at the swim platform. Not only didn't it cover dinghies or jet skis, etc., but also swimmers. Check your policy carefully. As far as boozers are concerned, many municipalities in the U.S. now have "Social Host" laws that could hold the captain or owner liable for anything a drunk guest gets into even if the alcohol was consumed off premise before he came on board. If a captain allows a drunk guest to operate a motor vessel of any type he may as well just mail his license and the boats papers to the guy's lawyer.