2. When competitors enter a race, they agree that responsibility for damages will be "based on fault as determined by application of the [racing rules]." In this context, "fault" implies "responsibility for damages." If two boats collide, the protest committee decision will apply Rules 64.1(a), 64.1(b) and 44.4(b) to reach its decision. That decision will allow the boats to infer whether just one of them is at fault or both are at fault. If only one boat breaks a rule, then obviously she is at fault, and the damages should be assessed to her. If each of the boats breaks a rule and neither is exonerated under Rule 64.1(b), then each should pay part of the damages. Each boat may be assessed half the damages or, depending on state law, one boat might be assessed some fraction (other than one half) of the damages while the other is assessed the rest. How this is handled may vary from state to state.

There are, however, some final words of advice and caution. The limits of liability on a standard policy for a recreational sailboat are frequently rather low in relation to today's costs of medical care. Recently, there have been a few collisions during races that have resulted in serious injury or even permanent disability. For this reason, to give yourself adequate coverage to compensate an injured person, a personal liability umbrella policy is recommended. Such coverage can provide many times the liability coverage of a standard boat policy and it is often surprisingly inexpensive. It will give you peace of mind, significant added protection for all your personal assets, and the ability to properly compensate someone who is badly injured or disabled as a result of an error on your part.

I'm indebted to the Canadian Yachting Association Racing Rules Committee and to the late Mary Pera for material presented in these articles.