1. When Racing Goes Wrong: Presented By: Gibson Robb & Lindh LLP Peter A. Lindh, Marker E. Lovell, Jr., and Marisa G. Huber Moderator: Geoffrey Robb Death and Disaster Response in Coastal Waters

3. Fact Pattern The sailboat WOEFUL LUCK was racing off the California coast from Los Angeles to San Diego around the Channel Islands and was swamped by a 30 foot wave during the rounding, running aground in a National Wildlife Refuge. The participants included a group of the owner’s friends, some were experienced sailors and others were not. Owner’s friend, an experienced international racer, was the Captain and was compensated with a case of beer. The owner and four others reached shore, but one drowned in the surf. The Captain and three others were lost at sea.

6. Initial Response Contact with Claims Person Coverage Location Actions Taken To Date Incident Reporting - Which Agencies, If Any Wreck Removal Environmental Considerations Evidentiary Considerations Coordination of Salvors and Selection of Means to Remove Wreck

7. https://www.youtube.com/watch?v=tG9RJj2DFSM

8. Initial Fact Gathering Initial Client Interview  Phase Two: Focus on Liability Facts  Establish Rapport and Confidentiality: Understanding the Personal Trauma  Pre-Race Preparation  Race Requirements  How Did the Accident Happen?

9. The Possible Criminal Component Investigating Agencies Criminal Defense Counsel Evidence Preservation Charges and Statutes of Limitation The 5 th Amendment Coverage Considerations Strategic Cooperation

10. Civil Liability Factors Geographic Location (Territorial Waters, High Seas, Inland Navigable Waters): Dictates Applicable Law Passengers, Participants or Employees Jones Act and Unseaworthiness Emotional Distress

11. Assumption of the Risk? Co-Participant in an Active Sporting Activity Has No Duty to Protect Others From The Inherent Risk of That Activity Applies to Many Watersports Activities, Including Sailing Does It Apply in Maritime Cases?

12. Assumption of Risk in Maritime Cases Should Apply in CA Navigable Waters Cases Primary Assumption of Risk is Not Comparative Fault

13. Damages Location of Accident is Primary Factor  DOHSA, GML, Jones Act, State Law  Pecuniary v. Non-Pecuniary Damages  Pre-Death Pain & Suffering  Punitive Damages

14. Limitation of Liability What is a Limitation of Liability Action? Who Can Limit? What is the Time Limit? Procedure Burdens of Proof Strategic Analysis

15. Settlement Considerations Timing: Before or After Suit Mediation Policy Limit Implications  Settlements with Some Claimants and Not Others  Failure to Settle Within Limits