Many activities we undertake for work or pleasure entail some degree of personal risk. The legal system has a long and complex history of dealing with risk, especially in the work place, and how/where to assess responsibility for harm. It’s less clear in certain areas of the recreation arena. Recent crises and loses, and the reactions to them in the sailing community, raise issues about risk.
We have become a very risk-averse society. The predominant view appears to be that any bad thing that happens must be the responsibility of someone, and steps must be taken to assign blame, assess for any loss and to prevent such from ever happening again. This view makes moot the notion of ‘accidents’,i.e. no one is at fault, and raises real questions about who, if anyone, should decide for each of us what level of risk is appropriate or acceptable for us to accept.
Two events and recent weeks prompted me to revisit my concerns about this trend, and to try to condense the issues at they relate to the sailing community in particular. First, a family set off to cross the Pacific with two young children aboard. The younger became ill, required a significant rescue effort and resulted in the scuttling of the boat. The family is well and working to recover. Second, four very seasoned blue water sailors were returning a boat across the Atlantic, lost a keel and their lives. Their bodies have not been found.
In the first instance, the parents were severely criticized in the media for putting their children at risk. The criticism came largely, if not entirely, from sources that had no relevant sailing experience. The cruising community has come to their defense, and provided much needed support.
In the second, an extensive and largely futile effort was mounted to find/recover the sailors against severe odds. When the search was first called off, there was a loud and massive cry to continue – long after any reasonable chance of finding the missing sailors. That ‘forced’ a re-start of the effort with unsuccessful results, put more folks at risk, and escalated costs.
There were enormous financial costs and personal risks to the rescuers/searchers in both cases. It can be argued that in neither case were the experienced sailors undertaking any unusual or even unreasonable risks. They went off shore in competent boats with adequate experience.
The questions these events raise with me are in the realm of risk assessment and response, including costs. In no particular order: 1) who, besides me, has any right to decide what level of personal risk I may willingly accept in undertaking a voluntary activity? 2) who should be financially responsible for the costs of responses such as were mounted in these cases? 3) should anyone besides the parents decide what degree of risk to impose on minor children, and if so who and how?
I have my personal answers to these questions, at least in part. 1) no one; 2) probably some combination of insurers, public services and the private party depending on the specifics; 3) ‘No’ should be the default, but as a society we clearly believe in protecting minors from irresponsible parental behavior – irresponsible being the operative word. Who’s the judge?
I believe the case can be made in the sick child instance that where it occurred is irrelevant. There are many other remote scenarios that would likely not have raised the same public response. How is an at-sea response any different from a remote shore-side response where an insurer would pay for an ambulance – other than the magnitude of the cost? Parents would likely not have been criticized in such on-shore cases. And, would the public response have been different had it been an adult that needed medical attention? Clearly history says yes. See the following for more, and a thoughtful response to their critics.
The Kaufmans’ journey on their sailboat, Rebel Heart, comes to an alarming and heartbreaking end, igniting a surge of media attention and fury at the rescue’s estimated $663,000 price tag and raising concerns for the safety of their young children. Charlotte Kaufman, mother of two, speaks publicly for the first time.
In the case of the four sailors lost at sea, the relevant questions are cost-based and who decides, by what criteria, to call off a search. In my view, the professionals conducting the search are in the best position to judge – they did in that case, but unfortunately succumbed to uninformed pressure to continue.
In the end, our personal decisions to accept risk come also with the acceptance of consequences. We shouldn’t have to answer to anyone for those choices. In the case of responsibility for others at sea, minors or otherwise, there is well-developed maritime law. I think the Kaufmann’s made responsible decisions and their public response (see above) make the clear case for them as competent, responsible parents.
The sooner we accept that ‘accidents’ can happen, and that individuals are free to accept risks associated with their personal activities, the better in my view.