Section M
Damage and Injury
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. 
  • Rule 60.3(a)(1) protest brought by a protest committee. 
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? 
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? 
Physical Damage
An example of physical damage is: 
  • real damage to either boat or crew 

Examples of what is not physical damage are: 
  • capsize with no damage, causing a loss of places 
  • rigs or lifelines entangled 
Serious Injury
An example of serious injury might be an injury that required medical attention beyond minor aid, but not necessarily hospitalization.
Other considerations when taking testimony.
Testimony concerning the extent of the damage is often not confirmed or supported by other evidence. Although mobile phone cameras have made things much better, a thorough protest committee would send two or more of its members to inspect the damage before deciding the protest or request for redress 
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