The death of 22 year old Mohammad Bagabir, an Edgewood College student from Saudi Arabia who drowned after jumping off one of the Hoofer O'Day 25 cruisers on June 6, is a tragedy. Presumably he was a good swimmer or else he wouldn't have jumped in without a lifejacket. In hindsight, it's a bit surprising that something like this didn't happen sooner at HSC given the number of non-swimmers who go out on Hoofer boats (non-swimmers have always been required to wear a lifejacket).
Nevertheless, the rumored new rule that everyone will now have to wear lifejackets all the time is, if true, just the sort of reactionary and self-serving misdirection Union management and Hoofers have used for years to try to hide or sugarcoat things like discrimination, negligence, cronyism, criminal acts by Union employees, and so on. Forcing good swimmers to wear lifejackets on hot days in 5-10 knots of wind will only result in a lot more people jumping off boats.
The Dane County sheriff's statement, "Anytime you leave your boat, have access to a personal flotation device" is another not-quite-brilliant, canned comment which they're trained to provide. When you jump off a boat, you already have a flotation device: the boat. Of course, poor swimmers should also have flotables in the water with them.
Having swum off Hoofer boats many times myself, I can attest that entering the water from a moving boat and spinning around underwater can be extremely disorienting. Even very good swimmers should exercise caution. If you ever try that, wait until you stop spinning, relax, and don't exhale. Your body will orient itself and reveal which way is up. Most but not all people will also start to float slowly toward the surface (depends on your BMI). You can usually but not always also figure out which way is up by the light, but algae scatters sunlight underwater. The one thing you don't want to do is swim deeper, thinking that you're swimming toward the surface. That may sound dumb, but it's not hard to do.
If you're skippering a boat when someone jumps off, stop the boat immediately and throw your throwable(s). And don't rush to get back to the exact spot or you might run him/her over. This is for summer on Lake Mendota; in cold water or on big water, use the standard MOB procedure.
I for one would not recommend jumping off a moving boat at night. It can be very hard to figure out which way is up before your air runs out. Night swimming off anchored boats is much safer.
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Does UW policy permit alcohol on Hoofer Sailboats? Other drugs, legal or illegal? Was alcohol imbibed on this Hoofer sailboat outing? If allowed, does UW require lifejackets of all those imbibing alcohol? Does UW insure Hoofer Keelboat skippers on outings? Does the UW agree by policy to defend a Hoofer skipper of any sailboat, big or small, in an action at law? Does UW supply and maintain spending on lifejackets over and above paid staff decisions on the Board not to fund them of all sizes reasonably in a given year? Is the deceased represented by Wisconsin-licensed counsel independent of UW Counsel, especially given the foreign status of the family?
ReplyDeleteWho was the Skipper? What he or she a "Co-Skipper" or "Day-Skipper"? Is there more than one in command? What is a "J-boat" or "light keelboat"? What qualifies Skipper, Co-Skipper, or Day Skipper under UW-Madison policy? What happens if one or more "Co-Skippers" disagree at a request of a passenger to swim? Do the "Co-Skippers" vote on the passenger question? What is the policy standard of command? I'm sorry, Mr. UW Counsel...I am confused now...who was in control of the UW sailboat?
ReplyDeleteOh, you say the passenger, Skipper, or Co-Skipper signed a waiver of risk form, Mr. UW Counsel? I'm sorry, but most respectfully, may I remind you that the Wisconsin Supreme Court has ruled that waivers of risk forms are ineffective at common law in Wisconsin--I think since the 60s or so. Why, may I ask, do you have people sign and file them? Guests of UW Sailboats too? Oh, no matter; a minor point of course! Pardon my ignorance, but may I ask, what is "indemnity"? Oh sure, I saw the old Fred McMurray film "Double Indemnity" on TCM one night...but is that the same thing? Hmmm...what is the value of a 22 year old Saudi Arabian's life? Educated by Edgewood, or perhaps of the Saudi Royal Family, distantly or not? Or do we go by the Wisconsin value? Is this a Conflict of Laws problem? I'm sorry, Mr. UW Counsel, I am just trying to learn the adjudicative facts, for the proposed settlement.
ReplyDeleteFred McMurray and Barbara Stanwyck: Which one was the Skipper on this ill-fated voyage? Also, the press reported that the boat was rented from Hoofer's. Does this mean that it was a non-Club member was in charge of the cruise? Maybe Hoofer's needs to see some ASA Sailing Certifications before renting boats to folks off the street.
ReplyDeleteThe simple fact is that death is only a few feet away when sailing (or kayaking, motoboating, etc.). Ditto for driving, flying, and lots of other activities, so common sense must be the rule. If you drive 75 mph in a raging thunderstorm and run off the road and kill yourself, who's fault is that? If you're not a good swimmer and decide to jump off the boat anyway, it's not really anybody's fault but your own. You can blame the skipper, or the club, but individuals have to take some responsibility for their own actions.
ReplyDeleteFrank makes a good point. Boaters and their guests, Hoofers or not, often drink open containers while operating a vehicle at least as heavy, and in its own way, as complex to operate as a car driving. But of course, cars can no longer have open containers in them. In each case, each person must be responsible to him or herself; and driver too must take reasonable care that his or her guests do the same. In fact, each state used to have a "guest statute" for taking rides in another person's car that mostly prohibited suing the car operator or owner if something negligent happened. Ditto airplanes. Well, only Alabama still has that statute now; not Wisconsin. Is there anything like this for boats in Wisconsin? https://en.wikipedia.org/wiki/Guest_statute
ReplyDeleteThe skipper was Michaela Rabas. She and everyone onboard were under the influence. The vessel (Cinger) still sails for hoofers.
ReplyDeleteAnonymous comments like these are for chickenshits who do not have the courage to say their names, right? That way, you can say anything or demean anyone that you want. Hmmmm....Rather like this blog, I suppose.
ReplyDeleteActually, anonymity facilitates honesty and straightforwardness, which isn't possible if the writer fears retaliation by those in authority (like in Russia). Yes, anonymity may also facilitate unfair criticism or even slander, so anonymous comments must be taken for what they are: anonymous. If there's a ring of truth to something, then it's probably true. If it sounds like a bunch of crap, then it's probably that.
ReplyDeleteThis country has a long tradition of allowing and encouraging criticism of its leaders (read: public employees), but doing so under one's own name risks retaliation. Hoofer sailing had its own official blog some years ago. Initially you could post anonymously (or with a pseudonym) but there were so many criticisms that the commodore changed the permissions so you had to log in under your real name. Guess what that did to the free exchange of ideas, and to criticism of the commodore..?
Anyone who argues that anonymous comments are "chickenshit" is un-American, and probably a crook himself.
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