Re: Insurance: do you have it, should you get it?
A recent Virginia Supreme Court decision found that parents can be liable for injuries to their child's guest, caused by a third party, if the parent did not exercise proper care. (Parent let her child and friend ride in car w/ teenage driver, who got in a wreck; the friend's parents had told the mother that they didn't want child to ride in car with boys driving). So to put it in a boating context, you take the family out w/ friends, go tubing w/ your child and friend on it, and a speedboat hits the tube, YOU could be liable for endangering the friend if "you did not exercise reasonable care"--even though you put your own child in the same place!
Now, you have to keep this in mind: Just b/c someone sues you doesn't mean they will win. But if there is a death, they will sue you for a lot. Let's say they sue for $1 million and only have a 10% chance of winning--your exposure is $100,000. Can you write that check? (Almost any case has a 10% chance).
You and I might know what's "reasonable care" on a boat. Does the jury of city dwellers think the same way? ("dragging a blow-up raft at 30 mph with 2 little helpless children with just tiny cloth handles to hang on to? Behind 200 horsepower and a 2000 pound boat? Turning so they fly over the massive wake into the air out of control? While there are speed boats with powerful spinning propellers zooming all around you? Are you crazy? Why risk the life of a precious child for thrills?")
No matter how much it's the other guy's fault, there is always something you could have done differently that would have avoided the accident--including not going in the first place. Their lawyer will make this point to win his case. Actually he doesn't have to win; just use those facts to get his 10% case up to 40%--and you start sweating.
Finally, it doesn't matter if the decision above is good, right, makes sense or shouldn't be there. It is. It doesn't matter that people shouldn't think that way. They do, and a parent who has lost a child will not use logic, common sense or acceptance.
If you go through life based on "what it ought to be" you are ignorant. Swallow your pride and get insured!
(BTW I have been involved in a fatal boat accident situation (not the accident itself, but for the grace of God) and in my profession deal with liability issues and litigation)