Pulled out a cleat at my slip, now getting pursued for damages - advice please - Page 2 - SailNet Community

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  #11  
Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

WOW, I've never had an issue go that far, (knock on wood), I ditto the insurance, they have lawyers too.
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Does your marina have or have they had a relationship of some form that allowed your marina the use of the dock your boat was secured to?
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

I would take the position that (a) your only contract is with the marina, and it is between the marina and the slip owner (who you did not even know was not the marina); and (b) in any case, all you did was tie the boat up to the marina in the normal course, and if the slip was damaged, it is the fault of deficient hardware on the slip and not you or your boat.
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Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

If you have a choice, move your boat and make no further response to anyone about the incident.

In my opinion, they are at the, "Let's try to get someone else to pay stage," one of the most common stages of American life. If they reach the talk to an attorney stage, I think that this will go away.

If you have no choice about storing your boat or must maintain the relationship with the marina, I suggest that you hire an attorney to talk with them and see if he/she can't make it go away for $200 or less without directly changing your relationships.
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

If they have tied you to a dock that doesnt belong to them I'd give them a choice. Fix the damage or return all of your slip rental fees since they dont own the property and didnt have permission to rent it.
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Quote:
Originally Posted by delite View Post
If they have tied you to a dock that doesnt belong to them I'd give them a choice. Fix the damage or return all of your slip rental fees since they dont own the property and didnt have permission to rent it.
I wouldn't, slip rental might be cheaper than hauling and repairing the dock.
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Good luck Bene…I hope justice and common sense prevail.

This raises a hypothetical question in my mind. I am in a marina that, I assume owns all of their docks. If my boat pulled the cleat off the dock and hit the boat in the next slip….who is financially responsible for repairs to the dock, my boat, and my neighbor’s boat? Is there a general rule of thumb or is it a contract by contract situation?
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

if u have proof of payment to them u should only be dealing with the marina. most insurance ive heard/know about will cover ur lawyer fees to an exent. call ur insurance and have your people talk to their people. they (ur insuance) have lawyers in their pocket lol

imho of coarse...
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Absent any contractual language that makes the boat (owner) responsible for all damage to mooring devices, I'd say that a cleat or its anchoring timbers that give up the ghost while undergoing the loads of a properly-moored (i.e. you didn't lead six lines to one cleat, or try to spring-pivot off it at full throttle) and proper-sized boat for the slip, is due to the mooring bitt being either too weak or improperly maintained.

Therefore it's "wharfinger's" fault, not vessel's.
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Call your insurance agent. A boat owner is responsible for the damage caused by their boat. The marinas that I have berthed at out here on the West Coast all required proof of $300K liability insurance and that they were listed as “co-insured” on the policy. If the dock timbers were rotten, it was your responsibility to notify the marina management for repair. If you had done this before the incident, then perhaps some of the “blame” could be apportioned to the marina management. Right now, your only recourse it to negotiate a settlement with the owner to share the repair expense. Fight with him, and you will most likely lose the suit and then be stuck with the entire repair bill.
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