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Show Pony Alert @ Brighton WA

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Created by Bo > 9 months ago, 28 Dec 2010
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4 Jan 2011 11:31AM
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rsc said...
As noted by Kitepower Australia (below), for whom I will just make a comment here as well, I hold a different opinion about legal risk than he obviously does. The law is part of the reality and it is no mind game. Ignorance of it, or denial of it is no excuse and if you are misleading people here and elsewhere then there is a culture of irresponsibility in respect to the law that needs to be challenged in my opinion. I have done that. That 'service' is given here with the best of intentions and according to the same good motives and principles that you and others espouse here in respect to the actual behaviour on the beach.

If you want me to shift my opinion on this matter then produce real evidence that my views on risk (legal) are incorrect or unfounded -- then you will have added value for me and others. Otherwise I assume the precautionary principle and act accordingly until proven otherwise.


Law is not part of the real, reality. Please do not assume that I'm ignorant of what law, that you refer to, is, nor should you also assume that I'm in denial of what "law" is.
Please do not accuse me of misleading anyone here, each person is in charge of their own mind and reads anything here by their own volition.

There are some fundamental flaws in you re-telling of events, different people have picked on different parts of your story and defence of your own errors.

You stated that the bar was never backwards, and yet this "instructor" yelled at you that it was backward. You seem to ignore that you were unsure in the moment that the bar was correct, and yet you said the kite was backwards, and that it was already launched/ing when she yelled at you, anyway??
WhyTF could you not abort, steer the kite down ask her for a launch???

You then spend much time here trying to defend your actions and apportion blame so that from the moment of her yelling those words, what happened from then on was partly her fault, and that you seem to think that a court would agree? Seems pretty ridiculous to me mate, sorry.
Your word against hers, and everything you did that day that directly contributed to your thumping on the beach was done by you, any judge could see that I reckon.

You've already had the best advice you are going to get from this can of worms, so take it on board accept that you were and are 100% responsible for your actions, just like the show ponies. So get out there, have fun, and make some kiting buddies too!

seafever17
WA, 360 posts
4 Jan 2011 8:32AM
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Please admin .


Lock it now!!!!!!!

mandog
WA, 15 posts
4 Jan 2011 8:42AM
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not let go on rsc wont win xx

bobdaboarder
NSW, 184 posts
4 Jan 2011 11:43AM
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Couldnt help myself

SaveTheWhales
WA, 1874 posts
4 Jan 2011 9:17AM
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So a Noob or an import or an experienced kiter at a beach and farks up....

Any beach any day - happens all the time....

Happppppppppppppy Nooooooob Year

Now back to porn and beer - Oh Yeah

gordknot
NSW, 148 posts
4 Jan 2011 12:26PM
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rsc... the law would look at the "reasonable man" test. That is, what a reasonable man in your position would have done which would take into account your compentency level, the risk you placed yourself and others in, and your duty of care. Allowing yourself to be distracted at a critical moment and failing to control your kite would hold little weight in mitigation

also to be taken into account would be the evidence of the "young lady dressed as an instructor". If only we could hear her version of what happened

sebol
WA, 753 posts
4 Jan 2011 9:58AM
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NO, DON'T GO!!!!!!!!!!!!!!
Please stay here, you are such a funny larry.

Maybe I will entice you with a few case scenarios so you can give us your percentage estimates of the responsibilities:

-you are about to launch, a bee stings you on the Knob (is it the bee's fault????)
-you are about to launch, a larger wave slowly drifts your kite in a different position where it self launches (80% the ocean?)
-you are about to lanch but thinking about that great blow job you scored last night (is it 50% her/his fault? if it didn't happen. you wouldn't be thinking about it)

I apologise for my disrespect to bees, the ocean and women/men as I realise that you and your buddies will probably take me to the cleaner.

Saffer
VIC, 4501 posts
4 Jan 2011 2:00PM
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I think in honour of RSC we coin an official Kiteboarding phrase named after him. I.e. "Did you see that newbie? He just pulled an RSC!"

RSC. (verb) description - to make a newbie mistake and blame it on someone else instead of taking responsibility for your actions. (or to apportion blame to the other party just for being in the wrong place at the wrong time)

getfunky
WA, 4485 posts
4 Jan 2011 11:39AM
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Hey Saffer - I think you mean an "rsc" don't ya?

Noob.

Saffer
VIC, 4501 posts
4 Jan 2011 3:28PM
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getfunky said...

Hey Saffer - I think you mean an "rsc" don't ya?

Noob.


Yup, my bad. But I apportion only 60% blame to myself for making the mistake. My 6 month old daughter was sitting on my lap while I was typing and she distracted me so she's 40% to blame.

shannon8888
NSW, 517 posts
4 Jan 2011 3:30PM
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your a father walking up the beach with your 6yo son ,an out of control kite slams the little one and turns him into a quadriplegic.if your the father RSC who would you blame? the inexperienced f$#k wit with the kite or an experienced instructor giveing advice ? think about it

getfunky
WA, 4485 posts
4 Jan 2011 12:43PM
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Saffer said...

getfunky said...

Hey Saffer - I think you mean an "rsc" don't ya?

Noob.


Yup, my bad. But I apportion only 60% blame to myself for making the mistake. My 6 month old daughter was sitting on my lap while I was typing and she distracted me so she's 40% to blame.




Bugger - I see what ya did there (edit) should have quoted you on the mispullin.

Blame myself entirely - but then I do differ from most kiters.

doggie
WA, 15849 posts
4 Jan 2011 2:43PM
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Gee, thats not a bad read

Very funny comments

Poida
WA, 1916 posts
4 Jan 2011 3:15PM
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thats an entertaining read
hey rsc,
are you trained as a legal practitioner or a bush lawyer like the rest of us?
irrespective of your allegations as to responsibilities you dont sound like an expert on kiting so you would probably be shot down in flames in front of cross examination from a hard nosed lawyer and their experts

myusernam
QLD, 6117 posts
4 Jan 2011 6:21PM
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rsc you had already farked uo by being a newb and trying to self launch in such an area. the instructor was probably very alarmed looking at how you were launching by your body language, kite position and general aura of noobness. She made an incorrect call in an emergency situation.

the law ultimately comes down to what a jury of peers thinks. We as kiters and members of the public endangered by you are your peers. We have spoken. you were wrong. You are the weakest link. Hand in your torch and leave the island.

Saffer
VIC, 4501 posts
4 Jan 2011 8:05PM
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getfunky said...

Saffer said...

getfunky said...

Hey Saffer - I think you mean an "rsc" don't ya?

Noob.


Yup, my bad. But I apportion only 60% blame to myself for making the mistake. My 6 month old daughter was sitting on my lap while I was typing and she distracted me so she's 40% to blame.




Bugger - I see what ya did there (edit) should have quoted you on the mispullin.

Blame myself entirely - but then I do differ from most kiters.



Don't blame yourself. As along as in your eyes its a grey area, it doesn't matter what anyone else thinks

BennyB12
QLD, 918 posts
4 Jan 2011 7:46PM
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just wanted to be a part of this

TurtleHunter
WA, 1675 posts
4 Jan 2011 6:00PM
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^^^^ why not me too.
That was one long read just going in circles.
Time to lock the subject and probably that beach by the sound of it.

poor relative
WA, 9089 posts
4 Jan 2011 6:11PM
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lotofwind
NSW, 6451 posts
4 Jan 2011 9:26PM
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.This thread is making me sleepy or giving me the Sh!ts,,,,,,,
I couldnt make up my mind which one.

kitegirl21
NSW, 439 posts
4 Jan 2011 9:32PM
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rsc said...

"... every time except once I've always had a thanks and I didn't know ..." (Dave)

Look I'll confess I've barked back once to someone who tried to help. I'll explain why just to make a point about the importance of 'approach'.

In this case I'll accept 60% responsibility.

The case study details are not overly important: larger 12m kite; new starter; self launch; strongish wind; public beach; did it a few days before ok; made a mistake due to forgetting something; damaged equipment; and sore body. And very angry for a few hours.

I was about to launch and it was very touch and go -- it was probably going to hurt. But I'm a large build and I'd done it before very carefully. Just then, at the point of lift, a young lady dressed as an instructor walking by with her student walked/ran up behind me and yelled out over my shoulder that I had "the bar around the wrong way" (or words to that effect). I turned my head and this split my attention and caused some confusion for a moment.

In the 2-3 nano-seconds I looked down at the bar and it was the right way round (red to the left) and I said "I know what I'm doing" (or words to that effect, meaning what the "f..." are you talking about?) and in the process turned back to the kite and continued with the delicate balancing act, and bingo, before I had time to think, up it went. I was a little off balance due to the intervention (both mentally and physically) and was lifted up and dumped on a small sand lump about 10m away: 110kg, 12m and 20+knot wind resulted in one broken string, very sore ribs (not broken thank goodness) and a red face. I was angry! And she had walked on as if nothing had happened.

Now, her intentions were 100% good, I have no doubt of that. I have no hard feelings, although at the time, after packing up and limping back to the car, I was very dark in my thoughts. I drove to the school she was working from and vented mightily explaining the risk they were taking. I purchased a new string at a healthy discount.

These are the points I made at the time:

1. I was a member of the public on a public beach and not in any way contracted to, or contracting (at that time), the school or their staff.

2. Someone who was under their contract/employment intervened in my recreational activities and (in my mind) contributed (if not caused) a potentially serious accident and damage to my equipment. [Of, course we'll never know whether the kite launch would have been ok had I been left to my own resources, timing and sensory intuitions.]

3. If we were in a more litigious society, or I was an American tourist, then perhaps the incident may have developed a more serious legal tone.

Yes, there are serious risks in harnessing powerful forces like wind with kites. There are also potentially serious risks and powerful legal forces if you intervene uninvited in a personal matter in a public space.

Now, to keep it short: let me conclude with my deconstruction of this event which may suggest why I consider it a 60:40 split of responsibility -- and a learning experience.

1. I needed someone to help launch the kite. I was not self launching for any other reasons than (a) I was a bit shy; and (b) there were no others nearby willing to offer their assistance without my walking up to them (and I was already harnessed and connected etc).

2. I did not have the bar around the wrong way. I had the kite around the wrong way! I was not to the side enough ... in fact almost standing directly in front of it upwind. That was the mistake. I was in a difficult launch space chosen poorly with small sand hills making walking round difficult -- although the aerodynamics of the place did offer some down wind calmer space (where the kite was sort of). But I confess I was somewhat forgetful at that point of what the lessons had said.

3. The young lady focused on the negative 'mistake' and made her own mistake -- or at least did not communicate well with/to me in that critical moment: either in message content, or in tone. (from my perspective)

4. I reacted poorly and should have shown a bit more humility and wisdom and asked for clarification. But, in my defence, yelling that someone's shoe lace is undone as they stand on the ledge about to fall is not good procedure.

In hind sight, she would have been more helpful if she had had called out "Can I help you launch?" -- and then assessed the situation (myself/wind/kite) and engaged in explaining a better way to do it. I can 100% guarantee that I would have waited and thanked her sincerely for her help and advice.

We can all learn a lot I think. I did in any case. I still do not know her name, but I'm sure (well 99%) a few days later she came by and very nicely offered to help launch my kite for me.

It was a nice resolution to my 'lesson' imo. No doubt I'm down in the books as one of those 'idiots' -- but I'll wear that. But nor is she in court facing a huge hike in her (and the schools) public liability insurance -- and possibly government departments looking into the matter for more regulations etc.

People, please be careful how you approach members of the public -- even ones learning how to kiteboard!

It is not a question of needing more rules (enough of the nanny state already!) -- what is needed are protocols, style, technique and just plain old common respect and courtesy.

My suggestion would be to set up some small funds to do some short You Tube videos on these classic scenarios. Use humour. This 'Show Pony' example is a classic scenario that done properly would get the message across, go viral and bring the house down. Ever seen the John Cleese workplace training videos? (*) Same idea. Archetypal exaggerated idiot works through the situation. Don't tell -- show.

Given that about 8/10 people I meet on the beach kiteboarding are Swiss or German or Brits tourists out here for their winter (and loving it) then surely there is a business case to approach the WA Government (e.g Tourism) for funds to do these using local instructor talent hamming it up?

Hope this helps.

(*) not the ones I'm thinking of (circa. 1980s), but the closest I could find to show the principle.





WTF... are u fkn serious? u surely cant be... u say u knew u needed help to launch ur kite but u were too shy to ask so u self launched with a big kite in decent wind? seriously?? and so now its the instructors fault because she didnt fall over herself to come and help you? AND then she may be liable for your stupidity on top of that? AND THEN (it gets better) you go on about legal risk and so forth and you dont even have public liability insurance, even though you knowingly placed not only yourself but other beach goers at risk of injury, just because u r too shy to ask for assistance! dude, do u even realise how silly this sounds!!!
I dont think ive ever read anything more ridiculous in my life!! cheers for the entertainment though! been a slow day at work!

kitegirl21
NSW, 439 posts
4 Jan 2011 9:41PM
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rsc said...

I'm not bitter, nor in it for friends. I have a life. I'm getting fit and taking some time for simple R&R in the elements for health reasons. It is horses for courses. I think you make too many assumptions.

In my opinion, if this activity is going to be brought under stricter control (and I'm slowly forming the impression it needs to be) then it will be due to the antics of the acrobatic club interring with public life on our common beaches (i.e. as per the original topic story).

It is the relationship between the culture of the 'high performance' tricks dept and the need for an audience that is interesting here. Do it all you like, pay full unsubsidized medical costs for reconstructions, and find somewhere away from areas used by people (i.e. the local rate payers or their visitors to their local swimming/fishing beaches).

My comments/story is a side issue to draw out opinions on a topic I am researching. I am not unsatisfied with the response. It confirms my early insights into the connections between tone, attitude, fanatics, fundamentalism and risk.

I'll end with a quote from a recent email to me on another topic entirely (re: Thomas Friedman and Richard Dawkins): "Both men are fanatics, though in slightly different ways. But that does not at all negate everything each one says or writes. With fanatics, we make a mistake if we 'throw the baby out with the bath water'."

The principle applies here as well imo. Have a good day.


ohhh geeez...babe i dont think kiting is for you, maybe u should take up pottery, or knitting, u wont need friends to do those!

dave......
WA, 2119 posts
4 Jan 2011 6:55PM
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Saffer said...

I think in honour of rsc(edit: sorry for the interference) we coin an official Kiteboarding phrase named after him. I.e. "Did you see that newbie? He just pulled an rsc(again I interfered)!"

rsc(now saffers getting angry). (verb) description - to make a newbie mistake and blame it on someone else instead of taking responsibility for your actions. (or to apportion blame to the other party just for being in the wrong place at the wrong time)


I often blame the wind....

graceful
WA, 773 posts
4 Jan 2011 7:06PM
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rsc said...

Select to expand quote


I've invited facts and evidence





The facts are that it's clear that you should not have been self launching mate....
I self launch ALOT... Mostly because I help everyone else launch first, or I want to be out on the water faster, either way I am fully conferdant it my abilitys to do so. Any body could yell at me that my bar was around the wrong way on launch and I wouldn't listen to them and concentrate on getting my baby safe in the sky, why? Because I check and re check and re check again before I even begin to self launch, I have no doubt in my mind that this is a safe action for me and My fellow beach goers...

You need to do your own risk assessment on every action in life, and in this specific case if it all goes to ****... It's no one elses actions that caused it but the person holding onto the kite...

Go get some wind up ya( in a safe manner) and chill out bro
Peace

Windmill
VIC, 33 posts
4 Jan 2011 10:08PM
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wtf

kitegirl21
NSW, 439 posts
4 Jan 2011 10:18PM
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wat graceful said.

u go on and on about risk assessment yet u failed to do your own risk assesments on numerous occasions.
You:
(a) admitted your too shy to ask for help - really?
(B) there were other people around but were too far away since you were already connected to ur chicken loop and safety i.e you were too lazy to disconnect and walk up and ask for help
(c) you knew you needed help but proceeded anyway
(d) you got distracted while self launching a big traction kite - how do u get distracted? self launching -while its easy once u know how to do it- is probably one of the most dangerous things u could do on a kite and yet u failed to concerntrate - really, really?
(e) "whats waksa got to do with this"? (or something along those lines, sorry i didnt quote u exactly down to the T before u go correcting me) - so here you are tossing around legal jargon and saying the instructor could be liable for ur stupidity and yet you dont even have public liability insurance?
(f) your not into kitesurfing to make friends
(g) I could go on but your not worth it
(h) is for Holly!

jas73
QLD, 796 posts
4 Jan 2011 10:06PM
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Thanks for that. I nearly wet myself

Windmill said...




wtf


mandog
WA, 15 posts
4 Jan 2011 8:17PM
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RSC mate were are you its been bloody quite with your no show today ,mmm disapointed

DUDE
NSW, 1132 posts
4 Jan 2011 11:22PM
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Select to expand quote
kitegirl21 said...
dude, do u even realise how silly this sounds!!

YES

rsc
WA, 96 posts
4 Jan 2011 9:26PM
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mandog said...

RSC mate were are you its been bloody quite with your no show today ,mmm disapointed


Well just for you then. I've written up a draft summary for a possible future thread called "Why I Am Not Joining AKSA At This Stage". It's around six pages (*) and I'll email it to WAKSA President (Justin O'Malley at president@waksa.org.au ) in due course as I cannot get their web page features working.

I'm happy, with limited time available, to try and communicate through the noise here -- but not with it. I think the committee should at least consider the points I'm making. However, based on the responses here I don't think this forum is the place for serious communication.

So now I'm just waiting for the great minds here to come up with the solution to the Show Pony problem that is more than likely going to either largely close the show down or make it too expensive for many.

(*) if you want a sample then the intro goes like this:

Why I Am Not Joining (WA)AKSA At This Stage.

Elsewhere on this Forum there has been rather passionate and vitriolic debate about numerous issues related to the image and future of this recreational/sport activity.

The issues raised can be broadly classified as:

1. Risk and responsibility in public places and professional activities.
2. Effective communications in giving and receiving advice.
3. Governance guidelines and the law.

These three broad topics can be further divided into a number of sub-themes such as:

1. Joining organisations and associations that apply indemnity clauses.
2. Public liability insurance for recreation and sport.
3. Trades Practice Acts and training on a public beach.

...



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"Show Pony Alert @ Brighton WA" started by Bo