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post #11 of 21 Old 10-21-2019
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Re: Who is responsible?

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Originally Posted by eherlihy View Post
Hmmm...



So, it would seem that the marina is not responsible for not maintaining their moorings, unless gross negligence can be proven.
In my opinion, not providing legal advise, you cannot contract your way of the duty you owe.

The tort system, as blemished as it might seem to some, is necessary. We try to regulate and cast the burden on the government. But ultimately, we are individually responsible. The duty is particularly high when you are being paid to provide a service and your actions or inaction results in damage to the one paying you.
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post #12 of 21 Old 10-21-2019
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Re: Who is responsible?

Every mooring contract I've ever had made it perfectly clear that they were not designed to withstand storm force winds. The Bay saw 50 kts last week. Surrounding areas even higher. If you were exposed to fetch, it would easily have been 3-4 feet in some mooring fields. I don't know where this one was. One past mooring field required it's tenants to leave, for predicted storm force winds, knowing the mooring would be damaged, by staying attached.

There is such a thing as storm moorings, with helix screws and heavy duty tackle, most are not. You don't get guarantees, just because you paid rent. The question of liability may come to what was advertised for this particular mooring.


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post #13 of 21 Old 10-21-2019 Thread Starter
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Re: Who is responsible?

There is nothing in the contract that states anything about the moorings. This marina caters to people that keep their boats in slips.

I would not be surprised if I eventually learn that this situation is addressed with a chainsaw and a front-end loader. The spot where this boat rests is dry at low tide. The pics above were taken at the peak of high tide. Any vehicle that tries to drive here would have to travel down a rather steep five-foot embankment.

Meanwhile, I am happy that my boat has been wrapped with its mast down since October 7.

(Why does SailNet turn all my pics sideways?)
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Last edited by eherlihy; 10-21-2019 at 12:27 PM.
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post #14 of 21 Old 10-21-2019
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Re: Who is responsible?

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Originally Posted by eherlihy View Post
There is nothing in the contract that states anything about the moorings. This marina caters to people that keep their boats in slips.
You'd probably prefer not to mention the marina, but I'd be interested. Betting it's a Safe Harbor Brewers corporate contract. The Mom and Pops often disclaim their moorings. IIRC, even Nantucket moorings contract says there are no guarantees in a storm.

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(Why does SailNet turn all my pics sideways?)
Do you take them with your phone in landscape orientation? Most phones will reorient the pic, when you look at it, but it's native format is still sideways.


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post #15 of 21 Old 11-04-2019 Thread Starter
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Re: Who is responsible?

I understand that the owner of the boat spent a week digging a hole next to and under the boat by hand with a shovel. At the next high-high tide the tuna boat returned, and they managed to pull him into to deeper water. I missed that but this was the aftermath;


and a closeup of the mooring that was used for a 36+ foot PSC;


BTW - pics were taken in portrait mode. SailNet keeps turning them to landscape - even if I rotate and save the pic.
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post #16 of 21 Old 11-04-2019
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Re: Who is responsible?

I should think that any responsibility is spelled out in your contract with the mooring renter. Down here in the Caribbean most moorings are rented with the understanding that the mooring renter has no responsibility at all for anything, including all government and park moorings. Prickly Bay Marina is the one exception to this I know of.

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post #17 of 21 Old 11-04-2019
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Re: Who is responsible?

Scale is a little hard to make out. Even a basic 400lb mushroom anchor, which I think is fairly standard size for a 36ft boat, not storm sized, would be more than 3 feet round and probably stand 5 or 6 feet tall. It sure seems grossly undersized in the pic.

Looks like hard sand bottom, which is also tough to fully bury the mushroom.

Since that contract speaks to sole negligence, I suspect the owner will be accused of needing to know better. I wonder how the size of the anchor is disclosed or if they ever asked.


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post #18 of 21 Old 11-04-2019
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Re: Who is responsible?

Using the egret in first photo as reference the mushroom is less than 18" diameter and pole less than 4ft.
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post #19 of 21 Old 11-04-2019
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Re: Who is responsible?

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Using the egret in first photo as reference the mushroom is less than 18" diameter and pole less than 4ft.
If that's true, it was barely sized large enough to hold 15ft boat. However, it's hard to transfer scale from two objects at different distances.

In calm, protected water, just about anything holds. Even wind itself isn't the biggest load. It's waves or fetch that slam the ground tackle.

If it's truly that small, it seems beyond the pale that the marina isn't negligent.


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post #20 of 21 Old 11-04-2019
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Re: Who is responsible?

nice big engine blocks should do better than that

steam cleaned first of course
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