Page 119 - Judge Manual 2017

Contents Page

M Damage and Injury
M.1 Introduction M 1
M 2 Damage M 1
M.3 Serious Damage M 1
M.4 Physical Damage M 2
M.5 Serious Injury M 2
M.6 Other Considerations M 2

M.1 Introduction

These important words are used in conjunction with a number of rules. Yet,
despite their importance; there is little case law to guide a protest committee as
to their application.
• Damage
• Rule 14(b) exonerate a right-of-way boat or one entitled to room or mark-
room for contact that does not cause damage or injury.
• Rule 64.3 when a deviation in excess of a class rule tolerance was caused
by damage, and did not improve the performance of the boat, the boat shall
not be penalized.
• Injury or serious damage
• Preamble to Part 2, and rule 44.1 taking a penalty for a part 2 infringement.
• Injury or physical damage
• Rule 62.1(b) granting redress.
• Injury or serious damage
• Rule 60.3(a)(1) protest brought by a protest committee.
M.2 Damage

There is no definition of exactly what constitutes damage; however, World
Sailing Case 19 provides two examples to enable judges to ask questions to
establish damage.
• Was the current market value of any part of the boat, or of the boat as a whole,
diminished?
• Was an item or equipment made less functional?
M.3 Serious Damage

This is not possible to define but a protest committee should ask:
• was the performance of the boat or crew seriously impaired?
• Was the boat able to finish the race?
• Would a prudent sailor repair the damage before continuing in the series?
• Was the market value of the boat significantly diminished?