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post #1 of 21 Old 4 Weeks Ago Thread Starter
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Who is responsible?

I went to check on my boat yesterday, and top up the transmission with ATF for winter layup.

While there, I heard a large diesel revving seemingly in the mooring field. I walked over and saw a large tuna boat with a tow line connected to this;




It seems that this boat's mooring dragged in Thursday night's Nor'easter. You can see the mooring ball in the pictures off the bow of the boat.

The spot where the boat is aground is where I bring my dinghy at low tide to scrub the barnacles off every month. At high tide, this area is in about 3.5 feet of water. While there is some sand here, there are also a bunch of rocks. I can only imaging that someone is going to be paying for a crane to lift the boat and remove it. A fellow onlooker mentioned that they spun the boat around while trying to pull it out, which likely trashed the hull below the waterline. The tuna boat, wisely, stopped trying to pull the boat off a few minutes after I started watching this fiasco in progress.

These moorings are supposed to be maintained by the marina, for which the marina charges $65/foot for the season. Three times this past season I have had other moorings drag into the mooring on which I had kept my boat. On one of these occasions my neighbor's Catalina 36 was attached to the mooring that dragged, and I had to keep the boats separated with my dinghy.

My question here is who is responsible? The marina? The boat owner?
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Last edited by eherlihy; 3 Weeks Ago at 03:21 PM.
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post #2 of 21 Old 4 Weeks Ago
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Dock
Re: Who is responsible?

That is a sad sight to see....

My instinct would be that the marina should be responsible since they are the ones providing, maintaining, and renting the moorings, but i would also be curious to see what language they have in their mooring agreement about the limits of their liability in cases like this. Was this a ďnamed stormĒ for example?

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Re: Who is responsible?

GREETINGS EATHLINGS Gather all the information you can and inform your insurance co about the matter and let them sort it out for you remember the boat belongs to them if it gets damaged ? AS ALWAYS GO SAFE
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post #4 of 21 Old 4 Weeks Ago Thread Starter
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Re: Who is responsible?

Hmmm...

Quote:
LIABILITY AND INDEMNIFICATION:
(a) Owner agrees to purchase and maintain insurance against such risks as
Owner deems prudent and shall look only to said insurance for compensation
or damages related to any losses regardless of responsibility. As to all such
policies of insurance and all claims made thereon, for himself/herself/itself
and his/her/its insurers, Owner specifically waives all right of subrogation
against the Marina and the Marina Parties. Nothing in this agreement is
intended to or shall be construed as exonerating the Marina or the Marina
Parties from liability based on harm directly caused by its sole negligence,
willful misconduct or gross negligence. Solely for the purpose of this Section,
the term “Marina Common Areas” shall include but not be limited to all areas
in, on or around the Boat, the Slip, the dock areas, the walks, floats, ramps,
gangways, convenience facilities, parking areas, walkways, and roads in,
around and leading to and around the Marina's premises.
(b) All risk of loss or damage to property and of personal injury or death
shall be upon the Owner, and Owner shall be responsible for and shall
promptly, upon demand, pay the Marina for any costs or damage
incurred by the Marina or others due to acts or omissions of the Owner,
the Boat, or the Owner Parties. Owner agrees that Marina, [REDACTED]
and their affiliates and
their officers, agents and employees (collectively, the “Marina Parties”)
shall not be liable to Owner or to any party claiming by, through or
under Owner for (and Owner hereby releases the Marina and the
Marina Parties from any claim or responsibility for) any injury to
persons, damages (no matter how occurring), or damage to or
destruction, loss, or loss of use, or theft of any property (including the
Boat), or of any injury (including death), caused by casualty, electrical
shock, electrical shock drowning, interruption of or interference with
utilities, theft, fire, third parties, collision, allision, chafing, dock
maintenance or faulty repair, or any other matter or cause (including
any named storm or act of God); EXCEPT TO THE EXTENT CAUSED
BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF THE MARINA OR MARINA
PARTIES.
(c) Owner agrees to indemnify, protect, defend and hold harmless the
Marina and the Marina Parties for, from and against all liabilities,
claims, fines, penalties, costs, damages or injuries (including death) to
Owner, any Owner Parties or any other persons, damages to or loss of
property or the Boat, losses, liens, causes of action, suits, judgments and
expenses, of any nature, kind or description of any person or entity,
directly or indirectly arising out of, caused by, or resulting from (in
whole or part) (i) theft, fire, collision, allision, chafing, dock maintenance
or faulty repair, or by reason of any other cause; (ii) Owner’s or the
Owner Parties’ use of the Boat, the Marina or the Marina Common
Areas, (iii) any activity, work or other things done, permitted or suffered
by the Owner or Owner Parties, (iv) any breach or default in the
performance of any of Owner’s obligations under this agreement or the
exercise by Owner of its rights, (v) any act, omission, negligence or
willful misconduct of Owner or Owner Parties, or (vi) any damage to
Owner’s, and Owner Parties’, or third party’s property; EXCEPT TO
THE EXTENT CAUSED BY THE SOLE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE MARINA OR
MARINA PARTIES.
So, it would seem that the marina is not responsible for not maintaining their moorings, unless gross negligence can be proven.


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Re: Who is responsible?

Not too surprising but still a sad commentary on how business is done today. I hope the folks whoís boats were damaged have insurance that does cover them.
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Re: Who is responsible?

I doubt insurance would cover damage cause by the owner hiring a boat to try to pull the boat off, without coordinating through the insurance company first?
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Re: Who is responsible?

Thatís a great point, John.

Andy
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Re: Who is responsible?

Quote:
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.
I'm not sure that's correct. The following language appears to make the marina responsible for ordinary negligence, and not just gross negligence.

" EXCEPT TO THE EXTENT CAUSED BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE MARINA OR MARINA PARTIES."
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Re: Who is responsible?

Keep us appraised if you can.
Would note every policy Iíve had as had very specific language about salvage and assistance. Unless the boat is deemed to be at risk for immediate further damage most want to directly contact salvage or tow and make arrangements. Not have you do it. Fellow boaters have told me itís always wise to communicate with the insurance company before contracting salvage or a tow. Knock on wood havenít had need yet.
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Re: Who is responsible?

A prudent sailor would realize his mooring is likely not suited for hurricane force winds. I have always asked for an extra heavy mooring and chain and have special pennants for storms. In Sandy all the boats in the harbor were hauled except a handful...3 ended up on the beach Shiva dragged her mooring without damage about 700 feet. But the wheel managed to spin off and it was in the cockpit and a line on a bow eye...(no chafe) had the bow eye and snap shackle fail and the two other mooring lines took over and held. I stripped the boat in prep for the blow.

I've seen many boats break off their moorings... usually chafing the pennant. That's a concern to other boats as well.

When possible, I haul the boat if a cane is coming.
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Last edited by SanderO; 4 Weeks Ago at 06:37 AM.
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