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Will letters chill events?
Sponsors fear safety liability
BY MANDY MILES Citizen Staff
mmiles@keysnews.com
A state law that apparently holds sponsors of water-related events responsible for the safety of spectators and participants could have a chilling effect on Key West events that depend on local businesses for money.
Attorney Michael Allweiss, who is representing the widow of a man who died in the November powerboat races, cited Florida Statute 327.48 in letters he sent to sponsors of the 31st Annual Key West World Championship, including Waste Management, Fury Water Adventures, Sebago Key West, WKWF radio station, Spottswood Cos. and others.
The law states that "... any person or organization sponsoring a regatta or boat race, marine parade tournament or exhibition shall be responsible for providing adequate protection to the participants, spectators and other users of the water."
In his letter to sponsors, Allweiss claims racer Joey Gratton "perished ... because the sponsors failed to provide adequate protection to the participants ..."
He goes on to request insurance coverage and policy information from the sponsors and asks that they forward the letter to their insurance carriers.
"This just represents the legal system's exploitation of every possible avenue," said Scott Saunders, owner of Fury Water Adventures, who criticized Allweiss and all lawyers for such liability concerns. "We just won't have events here anymore if everyone has to be worried about liability and lawsuits. I know I won't sponsor them if I have to be worried about lawsuits, and get my insurance company involved every time."
Saunders, like other sponsors, said he simply wrote a check to the race organizers to have the Fury logo featured on advertisements, posters and other event publications.
"I don't understand how we go from buying advertising to support an event to all of a sudden I'm a sponsor who's responsible for the safety of racers," Saunders said. "I had nothing to do with the race."
Paul McGrail, owner of Sebago Key West, said he forwarded the letter to his insurance company, but was not initially concerned about it last week.
"This guy's just fishing," he said. "How could someone else be responsible? It's a shame the guy lost his life, but now it's everyone else's fault? I mean, it's a dangerous sport."
Key West officials said they have not received the letter, according to City Attorney Shawn Smith, who declined to comment before reviewing the document.
Key West City Commissioner Mark Rossi, whose private business was an event sponsor, also declined to comment until he received the letter.
Bill Spottswood did not return The Citizen's call seeking comment late Tuesday.
Harold Wheeler, director of the Monroe County Tourist Development Council, which funds several water-related events throughout the Keys each year, had not seen the letter Tuesday afternoon, but upon learning of its contents said, "It is possible that this could affect funding for some events."
He emphasized that the TDC and Monroe County require event organizers to carry sufficient liability insurance and to release the county from risk, but those requirements do not pertain to event sponsors.
mmiles@keysnews.com
Sponsors fear safety liability
BY MANDY MILES Citizen Staff
mmiles@keysnews.com
A state law that apparently holds sponsors of water-related events responsible for the safety of spectators and participants could have a chilling effect on Key West events that depend on local businesses for money.
Attorney Michael Allweiss, who is representing the widow of a man who died in the November powerboat races, cited Florida Statute 327.48 in letters he sent to sponsors of the 31st Annual Key West World Championship, including Waste Management, Fury Water Adventures, Sebago Key West, WKWF radio station, Spottswood Cos. and others.
The law states that "... any person or organization sponsoring a regatta or boat race, marine parade tournament or exhibition shall be responsible for providing adequate protection to the participants, spectators and other users of the water."
In his letter to sponsors, Allweiss claims racer Joey Gratton "perished ... because the sponsors failed to provide adequate protection to the participants ..."
He goes on to request insurance coverage and policy information from the sponsors and asks that they forward the letter to their insurance carriers.
"This just represents the legal system's exploitation of every possible avenue," said Scott Saunders, owner of Fury Water Adventures, who criticized Allweiss and all lawyers for such liability concerns. "We just won't have events here anymore if everyone has to be worried about liability and lawsuits. I know I won't sponsor them if I have to be worried about lawsuits, and get my insurance company involved every time."
Saunders, like other sponsors, said he simply wrote a check to the race organizers to have the Fury logo featured on advertisements, posters and other event publications.
"I don't understand how we go from buying advertising to support an event to all of a sudden I'm a sponsor who's responsible for the safety of racers," Saunders said. "I had nothing to do with the race."
Paul McGrail, owner of Sebago Key West, said he forwarded the letter to his insurance company, but was not initially concerned about it last week.
"This guy's just fishing," he said. "How could someone else be responsible? It's a shame the guy lost his life, but now it's everyone else's fault? I mean, it's a dangerous sport."
Key West officials said they have not received the letter, according to City Attorney Shawn Smith, who declined to comment before reviewing the document.
Key West City Commissioner Mark Rossi, whose private business was an event sponsor, also declined to comment until he received the letter.
Bill Spottswood did not return The Citizen's call seeking comment late Tuesday.
Harold Wheeler, director of the Monroe County Tourist Development Council, which funds several water-related events throughout the Keys each year, had not seen the letter Tuesday afternoon, but upon learning of its contents said, "It is possible that this could affect funding for some events."
He emphasized that the TDC and Monroe County require event organizers to carry sufficient liability insurance and to release the county from risk, but those requirements do not pertain to event sponsors.
mmiles@keysnews.com
