Pulled out a cleat at my slip, now getting pursued for damages - advice please - SailNet Community
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post #1 of 96 Old 03-19-2012 Thread Starter
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Pulled out a cleat at my slip, now getting pursued for damages - advice please

Need some advice on this one. Over the winter, the boat pulled a cleat out of the dock where I pay a slip fee. It turns out the the floating dock that we are tied to belongs to someone other than the marina. So when the floating dock owner called the marina, the marina said to come after me for the money. The boat is exactly where the marina put it the day they put her back in the water, so I feel it should be the marina's call, especially since I'm paying them for the slip.

Damages look like replacing the cleat that snapped off and screwing the facia board back onto the floating dock. It's a 60 foot floating dock, so the fee to haul it out to do the work is going to be substantial. My deductible is huge, and I'm not sure I should be paying this.

So I got a call from the owner, asking for my insurance information. What do you think I should do next?

Regards,
Brad

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post #2 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

I have no advice for you but I'm curious: Your marina is collecting money from you to rent you a slip that it doesn't even own?

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post #3 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Post your question in the Ask a Lawyer section of the Avvo.com - Expert Advice When You Need It Most lawyer directory in the state where the marina is located: Ask a Lawyer - Avvo.com
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post #4 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

read the fine print of your agreement first? Keep insisting it wasn't secure and you almost lost your boat? look for damage on your boat to make a counter claim. Get ready to find another home for you boat too.
Jus sayin...
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post #5 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Preface-I'm definitely not an attorney. This should be detailed in the moorage agreement you have with the marina. Our contract for moorage spells out various liabilities etc and who is responsible. If you were directed to this slip by the marina, and were tied in such a way that was acceptable to them then it would seem to me if "their" hardware was either insufficiently strong to hold your boat, or the structure of the float wasn't strong enough to hold the through bolts then that should be on them. The cleats need to be appropriately sized for the size and displacement of the boat tied to them. The fact that only one was torn out suggests to me that there was a structural problem (rot, corrosion, etc) at that cleat. Good luck.
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Quote:
Originally Posted by DRFerron View Post
I have no advice for you but I'm curious: Your marina is collecting money from you to rent you a slip that it doesn't even own?
Correct

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Originally Posted by jameswilson29 View Post
Post your question in the Ask a Lawyer section of the Avvo.com - Expert Advice When You Need It Most lawyer directory in the state where the marina is located: Ask a Lawyer - Avvo.com
Done. Good idea.

Quote:
Originally Posted by deniseO30 View Post
read the fine print of your agreement first? Keep insisting it wasn't secure and you almost lost your boat? look for damage on your boat to make a counter claim. Get ready to find another home for you boat too.
Jus sayin...
I don't believe we have a contract. They did a short haul of my boat and then offered the slip afterward.

Regards,
Brad

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post #7 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

You have no relationship with the dock owner so I wouldnt speak to them. I would refer them to the marina you have a business relationship with.

I would also make a point that it was employees of the marina that secured your boat in such a way as to allow the dock to be damaged.

After that theres nothiing to do but lawyer up and be ready for court.
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post #8 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

I second not dealing with the owner of the dock.
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post #9 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

I don't understand how your negligence caused damages to the alleged injured party.

While they are at it, have them explain how their lack of maintenence is your problem.

Call your insurance company.

Tell us who the pirates are so we can avoid them.

Last edited by WouldaShoulda; 03-19-2012 at 02:22 PM.
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post #10 of 96 Old 03-19-2012
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Re: Pulled out a cleat at my slip, now getting pursued for damages - advice please

Quote:
Originally Posted by midlifesailor View Post
...
I would also make a point that it was employees of the marina that secured your boat in such a way as to allow the dock to be damaged.
..
If this is correct, I mean if it was not you but the marina staff that secured your boat I cannot see how you have to pay. If it was you that secured the boat they can say that it was not properly secured and that the forces where not properly distributed.

They provide a service and the means to do it. If the means are not up to provide the service how can this be your fault?

This is a problem between you and the one that provide you with a service: the marina. The problem to know if the marina could rent the space that belonged to someone else is between the marina and the owner of that space.

Regards

Paulo
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Last edited by PCP; 03-19-2012 at 02:22 PM.
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