Mooring field and the Law

[travler37]

Cockpit LAWERS HERE?
So i grab a bouy in the field.Dingy to the dock and pay for it.

BOAT DRAGS SAID BALL AND AM DOING DAMAGE TO ANOTHER BOAT......

Is said morring field liable? And in what state?
Mark

[triton227]

I'd say it depends if the mooring is the corect size for the boat.

[sailingdog]

IANAL, but I'd imagine that if they're leasing/renting the mooring balls, they're responsible if the mooring drags and your boat gets damaged or damages another boat—provided your boat is smaller than the maximum size the mooring is designed for. Many moorings have size restrictions for this reason.

[camaraderie]

My guess is that the paper you signed when you paid for the mooring absolves the mooring owner from any and all damages.

[travler37]

Originally Posted by camaraderie

My guess is that the paper you signed when you paid for the mooring absolves the mooring owner from any and all damages.

As the Ski Lift ticket absolves the slopes of there problems.They get sued constantly and loose...

So any cockpit lawers here going to reply with a definate case?
Mark

[djodenda]

My understanding of the law in general is that even if there is a release of liability, the release is nullified if there is negligence.

So, if you can show that the mooring field owner was negligent, the release doesn't mean anything.

I'm an expert on this since my sister is a lawyer

David

[sailingdog]

Generally, a release of liability is only valid in good faith efforts... if the mooring field owner allows you to put a 45' boat on a 200 lb. mushroom anchor, that's negligent... since no reasonable person is going to consider a 200 lb. mushroom a sufficient mooring for a vessel that size.

Likewise, if they put the 45' boat on a 800 lb. mushroom anchor, but mooring chain or swivel fail and they haven't been inspected in years, they'd probably also be considered liable for not having done their due diligence in maintaining said equipment.

[travler37]

Originally Posted by djodenda

My understanding of the law in general is that even if there is a release of liability, the release is nullified if there is negligence.

So, if you can show that the mooring field owner was negligent, the release doesn't mean anything.

I'm an expert on this since my sister is a lawyer

David

Now i have heard of lawers and sailers streaching things a bit.........

Patiently awaiting PRooF as in a PIC you even have a sister.....

Negligent,
As in winds are going to +80 and i did not warn you verbally.....
Exactly what does the paper say in your area?Do you have a "am out" clause as for predicted wind/waves?
Mark