Got injured, board damaged by another surfer?! Speak out!

Camping on the inside, hoping for leftovers, someone finally bongles a trick and lets the wave go. "OK, this one's mine!". He turns late, fixated on the wave, looking over his shoulder, not paying attention to the line of surfers in front of him. Before he knows it, he's paddled over someone unable to get out of his way.
It's a common accident, with little to no consensus on who's at fault.
Surfline's article on etiquette entitled 'Bill of Lefts and Rights' http://www.surfline.com/surfology/bill-of-lefts-and-rights/index.cfm?id=51337, says ""Always do your best to make good on any damage caused by your surfboard to someone else's board by arranging for a repair job or in some other manner agreeable to both of you."
Surfline also says "When paddling out to or within a break, it's your responsibility to stay out of the way of riders on waves." http://www.surfline.com/surfology/bill-of-lefts-and-rights/index.cfm?id=51321
Who's responsible after surfers collide?
Jimmy Huser from Park City, Utah adamantly believes, get out of his way, or he’s gonna run you over. He’s the surfer described above, but there are millions of surfers just like him.
Our exchange is as follows:
Me: "Hey, you ran me over, your fin gashed my board"
Jimmy: "Man, this really ruins my day"
Me: "Yeah, not such a great day for me either, so... how do you want to settle up?"
Jimmy: "What, you were in my way!"
Me: "Bad karma dude. There were 3 of us on the inside paddling out. You turned and paddled late, there was nothing any of us could do but shout & paddle for dear life. It's not a big wave where you're stuck between running someone over and getting crushed in the impact zone. It’s not like you were on a line with a trajectory any of us could predict."
Jimmy: "Well, I couldn't see. My hat was blocking my view"
Me: "You should've pulled out when you heard us yelling"
Jimmy: "I would've popped my shoulder out"
Me: "You shouldn't be out here if you can't control your equipment. You're endangering everyone else, that ain't cool man"
Jimmy: "I’m not from around here, I’m from Utah. How much are repairs usually?"
Me: "$40 for a small ding, I'm guessing this long fin scar across my Merrick logo (brand new weirdo ripper) will be upwards of $60"
Jimmy: "Hitler lived a long life. I don't believe in karma"
Me: "You're in the wrong sport if you don't believe in karma"
Jimmy: "I don't have any money on me"
Me: "What's your email? You can paypal me"
Jimmy: "I'll pay for half, up to $30"
Me: "Suggested donation is the full amount, but it is optional & I'll take what I can get"
There's an email exchange with him arguing that he was up on the wave & not paddling prone, & that I should have paddled out of his way, ultimately weaseling out. He was totally on his belly, that’s why his hat blocked his view, that’s why he thought “oh crap, either i pull back & pop my shoulder, or run these guys over”.
Accidents like this are common enough that there should be a clear understanding of who’s responsible, like when one car rear-ends another car, it's almost always the car’s doing the rear-ending fault.
What do you think?
Inspired by ‘Burned’ http://www.surfermag.com/features/burned/ written by associate editor of Surfer Magazine Todd Prodanovich, this topic hopes to inspire you to tell your story. Let's end the debate, hold people accountable, stop the shenanigans, and make surfing better for everyone.
Tell your story
Clean lines & warm waters to you
Douglas
It's a common accident, with little to no consensus on who's at fault.
Surfline's article on etiquette entitled 'Bill of Lefts and Rights' http://www.surfline.com/surfology/bill-of-lefts-and-rights/index.cfm?id=51337, says ""Always do your best to make good on any damage caused by your surfboard to someone else's board by arranging for a repair job or in some other manner agreeable to both of you."
Surfline also says "When paddling out to or within a break, it's your responsibility to stay out of the way of riders on waves." http://www.surfline.com/surfology/bill-of-lefts-and-rights/index.cfm?id=51321
Who's responsible after surfers collide?
Jimmy Huser from Park City, Utah adamantly believes, get out of his way, or he’s gonna run you over. He’s the surfer described above, but there are millions of surfers just like him.
Our exchange is as follows:
Me: "Hey, you ran me over, your fin gashed my board"
Jimmy: "Man, this really ruins my day"
Me: "Yeah, not such a great day for me either, so... how do you want to settle up?"
Jimmy: "What, you were in my way!"
Me: "Bad karma dude. There were 3 of us on the inside paddling out. You turned and paddled late, there was nothing any of us could do but shout & paddle for dear life. It's not a big wave where you're stuck between running someone over and getting crushed in the impact zone. It’s not like you were on a line with a trajectory any of us could predict."
Jimmy: "Well, I couldn't see. My hat was blocking my view"
Me: "You should've pulled out when you heard us yelling"
Jimmy: "I would've popped my shoulder out"
Me: "You shouldn't be out here if you can't control your equipment. You're endangering everyone else, that ain't cool man"
Jimmy: "I’m not from around here, I’m from Utah. How much are repairs usually?"
Me: "$40 for a small ding, I'm guessing this long fin scar across my Merrick logo (brand new weirdo ripper) will be upwards of $60"
Jimmy: "Hitler lived a long life. I don't believe in karma"
Me: "You're in the wrong sport if you don't believe in karma"
Jimmy: "I don't have any money on me"
Me: "What's your email? You can paypal me"
Jimmy: "I'll pay for half, up to $30"
Me: "Suggested donation is the full amount, but it is optional & I'll take what I can get"
There's an email exchange with him arguing that he was up on the wave & not paddling prone, & that I should have paddled out of his way, ultimately weaseling out. He was totally on his belly, that’s why his hat blocked his view, that’s why he thought “oh crap, either i pull back & pop my shoulder, or run these guys over”.
Accidents like this are common enough that there should be a clear understanding of who’s responsible, like when one car rear-ends another car, it's almost always the car’s doing the rear-ending fault.
What do you think?
Inspired by ‘Burned’ http://www.surfermag.com/features/burned/ written by associate editor of Surfer Magazine Todd Prodanovich, this topic hopes to inspire you to tell your story. Let's end the debate, hold people accountable, stop the shenanigans, and make surfing better for everyone.
Tell your story
Clean lines & warm waters to you
Douglas