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assaulted on the water
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rapacz



Joined: 21 May 2000
Posts: 8

PostPosted: Wed Sep 24, 2014 8:20 pm    Post subject: assaulted on the water Reply with quote

On monday 9/22 around 11 AM I was windsurfing at the Hatchery area. I was on starboard tack and according to me and all the witnesses was purposely run over by a kiter. The kiter in question was on a new slingshot kite blue yellow and black. He has a large full grey beard was wearing a helmet and glasses of some type. I suffered heavy damage to my gear. I would like some help in identifying this person so I can offer him the opportunity to replace my gear and or face prosecution to the full extent of the Law.. This guy is a danger on the water, he didn't even stop to se if I was OK
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markl759



Joined: 01 Jul 2004
Posts: 7

PostPosted: Thu Sep 25, 2014 4:55 pm    Post subject: Reply with quote

Wow. That stinks!
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spennie



Joined: 13 Oct 1995
Posts: 973
Location: Thousand Oaks, CA

PostPosted: Thu Sep 25, 2014 6:14 pm    Post subject: Reply with quote

Pretty sure causing injury/damage & sailing away is a felony. Lawyers?
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windoggi



Joined: 22 Feb 2002
Posts: 2743

PostPosted: Thu Sep 25, 2014 8:26 pm    Post subject: Reply with quote

Iso will be here soon with another revenge fantasy.
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johnl



Joined: 05 Jun 1994
Posts: 1330
Location: Hood River OR

PostPosted: Thu Sep 25, 2014 9:57 pm    Post subject: Reply with quote

spennie wrote:
Pretty sure causing injury/damage & sailing away is a felony. Lawyers?


He said his gear was damaged, didn't say if he was hurt. Hit and run in a car is a Misd without injury. But that doesn't apply. Once again Marine law (you know the ROW we argue about all day long) would apply. But more important he (we) need to know WHO it was......

I was actually surprised that this message had so many hits without a single reply. Iso must be on vacation..... Cool
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SpeedRoo



Joined: 27 Sep 2006
Posts: 88

PostPosted: Thu Sep 25, 2014 10:23 pm    Post subject: Reply with quote

Marine law does not apply as windsurfers and kiters are not registered vessels with licensed operators. Discovered this last year after a run in with a kiter that resulted in an injury. It is a civil matter that is hard to prove and you need to demonstrate intent by the offending party to cause harm.
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johnl



Joined: 05 Jun 1994
Posts: 1330
Location: Hood River OR

PostPosted: Fri Sep 26, 2014 12:05 am    Post subject: Reply with quote

paypal wrote:
Marine law does not apply as windsurfers and kiters are not registered vessels with licensed operators. Discovered this last year after a run in with a kiter that resulted in an injury. It is a civil matter that is hard to prove and you need to demonstrate intent by the offending party to cause harm.


Okay that is interesting. The waterways are governed by marine law (such as PFD requirements for SUP's), but we can't use it because we aren't registered vessels? I'm curious. If all of us sat in the water in front of a barge and refused to move, we wouldn't be violating any marine law?

Good luck with civil law....


Last edited by johnl on Fri Sep 26, 2014 10:10 am; edited 2 times in total
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merriam



Joined: 28 Apr 2008
Posts: 93

PostPosted: Fri Sep 26, 2014 12:08 am    Post subject: Reply with quote

[quote=

I was actually surprised that this message had so many hits without a single reply. Iso must be on vacation..... Cool[/quote]

Ha ha, thought the same thing but Iso posted today on the "Moving to Portland" thread. Probably a dearth of replies because too many people got snookered by the post "Nearly decapitated on the water today" that turned out to be a ruse. Still unsure about this one, what kind of collision was it, what was damaged, was it provoked or a misunderstanding, or a friend badgering a friend? Wish some of the witnesses would chime in if there are any.
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SpeedRoo



Joined: 27 Sep 2006
Posts: 88

PostPosted: Fri Sep 26, 2014 12:05 pm    Post subject: Reply with quote

johnl wrote:
paypal wrote:
Marine law does not apply as windsurfers and kiters are not registered vessels with licensed operators. Discovered this last year after a run in with a kiter that resulted in an injury. It is a civil matter that is hard to prove and you need to demonstrate intent by the offending party to cause harm.


Okay that is interesting. The waterways are governed by marine law (such as PFD requirements for SUP's), but we can't use it because we aren't registered vessels? I'm curious. If all of us sat in the water in front of a barge and refused to move, we wouldn't be violating any marine law?

Good luck with civil law....


Navigation channels are governed by marine law and commercial vessels have right of way John. If you are in the channel and in the way of a vessel then yes you have violated the law. Out of the channel and as unregistered vessels civil law applies. I had the Sherrif's office and Coast Guard confirm this after the altercation last year. It was referred back to the Hood River police department as it occurred on the Oregon side of the river and was classed as a civil matter.
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westender



Joined: 02 Aug 2007
Posts: 1287
Location: Portland / Gorge

PostPosted: Fri Sep 26, 2014 12:20 pm    Post subject: Reply with quote

This time of year isn't it just the locals and everybody knows everyone? Maybe post on NWKite.
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