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DanWeiss
Joined: 24 Jun 2008
Posts: 2296
Location: Connecticut, USA
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 Posted: Tue Sep 30, 2014 9:35 am Post subject: |
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| isobars wrote: | Jeez, guys ... do I have to respond to EVERY thread?
And here I thought you were doing OK on your own. 
SNIP
5.10.040 Negligent operation.
It is unlawful for any person to operate a vessel in a negligent manner. For the purposes of this section, to “operate in a negligent manner” means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the body or water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. [Ord. 2941 § 1, 1993; Ord. 2531, 1985; Ord. 1294 § 1, 1967].SNIP |
It seems you do have to respond to every thread.
US Windsurfing produced a PFD guide for every State and pretty much all federal water. Part of the research included examining how each state applied its PFD laws, and the terms of art used to categorize the "things" to which the affirmative PDF laws applied. In other words, each state may or may not expressly include windsurfers as boats, vessels, watercraft etc.
As most of us know, Washington State law expressly exempts sailboards from the definition of vessel.
"Vessel" . . . [h]owever, it does not include . . . sailboards . . . RCW 79A.60.010(29) omissions added.
As most of us also know, even if a specific statute addressing behavior in a certain environment (like windsurfing on the water) doesn't apply, every person in every context always must act reasonably. Failure to act reasonably and causing damage to another thereby is the black letter definition of negligence.
Of course, causing a collision where another person falls into the water isn't necessarily a negligent act of the first person, nor do all states require a person uninvolved in an accident to assist or render aid. However, most states will assume that a person involved in an accident now has a special duty to check to ensure that everyone is OK. It may then be unreasonable to assume that no injury or damage occurred. This is a basis for statutory prohibitions on "hit and run."
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biffmalibu
Joined: 30 May 2008
Posts: 556
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| Posted: Tue Sep 30, 2014 10:18 am Post subject: |
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| dcfordo wrote: | | and I can't think of any regular that meets the description. I am surprised that multiple people have had encounters and no one recognizes him. It is such strange behavior. Maybe it is someone who doesn't normally wear a helmet, glassed, and beard, but just went hunting incognito? |
This is one of the reasons for my theory that this bearded fellow was passing through from point A to B and in full disguise, fully-prepared for hit and run. youwindsurf had a close (obviously intentional) encounter and so did rapaszc. Any easily-recognizable local would be a fool to do things like this. Because he would be FAR too easy to identify. But somebody passing through with a massive (pathological) chip on shoulder against windsurfers would find a passing through situation to be ideal to get out some hate and aggression and then leave the area immediately. I would start looking around La Ventana (images, bulletin board postings, etc.), for example, before and after these visits. I think it's likely that the perpetrator is reading this forum right now and getting some energy supply from it.
P.S. ldhr's setup and joke with the photo was pretty good. WTF is up with that finger? Something's wrong there. |
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uwindsurf
Joined: 18 Aug 2012
Posts: 968
Location: Classified
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| Posted: Tue Sep 30, 2014 11:10 am Post subject: |
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The mysterious bearded man I had a close encounter with had a scraggly, untrimmed brown beard that looked like it could have contained remnants from a meal or meals consumed days prior to the encounter. Quite unpleasant.
It was not a nicely coiffed beard as displayed by the gentleman with the crippled hand in the image posted. Perhaps the kiting community should arrange a charity event to raise funds for his surgery. |
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westender
Joined: 02 Aug 2007
Posts: 1288
Location: Portland / Gorge
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| Posted: Tue Sep 30, 2014 12:14 pm Post subject: |
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| The picture I thought I saw somewhere was of a Portly looking character. Beard, sunglasses and helmet, mountain man guy? |
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bjk1110
Joined: 18 May 2000
Posts: 1
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| Posted: Wed Oct 01, 2014 12:44 pm Post subject: |
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| How sad, run over by a girlie man kiter. Where I'm from the windsurfers do the running over. |
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anthwind
Joined: 22 Apr 2001
Posts: 24
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| Posted: Wed Oct 01, 2014 7:11 pm Post subject: |
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| Has anybody asked if the other web cams for the area (Hatch to Event Site) saved there pics for that day? This might help. I think there is at least 4 of them. There can not be that many slingshot kite with those colors? |
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foilonfoil
Joined: 17 Sep 2013
Posts: 2
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mnystrom
Joined: 31 Jul 2014
Posts: 1
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| Posted: Wed Oct 01, 2014 7:43 pm Post subject: |
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| and wind surfers and kiters were just starting to get along so well.I do both sports and have had near misses on both sides being courteous and giving right away goes a long way in both sports. leaving the accident without checking on the guy is totally wrong |
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foilonfoil
Joined: 17 Sep 2013
Posts: 2
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| Posted: Wed Oct 01, 2014 11:15 pm Post subject: |
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| mnystrom wrote: | | and wind surfers and kiters were just starting to get along so well.I do both sports and have had near misses on both sides being courteous and giving right away goes a long way in both sports. leaving the accident without checking on the guy is totally wrong |
Kite now but used to Windsurf... Just one a$$. |
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rapacz
Joined: 21 May 2000
Posts: 8
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| Posted: Mon Oct 06, 2014 1:07 am Post subject: |
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| the guys beard was a C Edward Coop like big grey beard, he was not tall but hard to guess his height. It was NOT the Dangler |
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