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Old 27-08-2011, 04:44   #1
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Can I Fix Your Boat ?

Have asked the yard if I can board 3 boats. I want to add my own lines to mooring pendants tie a headboard on a unsecured main and remove a large piece of polytarp unsecured and draped over a deck. Am I way outline looking at boats that are absent of owners and are putting my assets at risk. Impretty surei am going to go add lines to these boats but curious ami crossing the border?

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Old 27-08-2011, 05:00   #2
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Re: Can i fix your boat

No, entering another's property to prevent/mitigate damage, shouldn't be considered unlawful trespass.

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Old 27-08-2011, 05:07   #3
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Re: Can i fix your boat

If you have time, take pictures of the boats prior to boarding. That way it's easy to show the 'before' state of them.
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Old 27-08-2011, 05:25   #4
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Re: Can i fix your boat

I was asked by one of my customers yesterday to visit his boat and square his mooring lines away in anticipation of hurricane Irene. The thought did cross my mind that if something happens to the boat an argument could be made that somehow something that I did contributed to the damage.

Think you could be potentially held liable for damages, "No good deed goes unpunished".
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Old 27-08-2011, 06:59   #5
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Re: Can i fix your boat

Cburger is correct. Your intentions are irrelevant. Boarding another boat without permission is a trespass and any damage could become your liability. A boat yard typically has no authority which relieves you of that liability.
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Old 27-08-2011, 07:09   #6
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Re: Can i fix your boat

You may have to answer to the courts once but you will answer to yourself every time you look in the mirror.

Go save the boats.
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Old 27-08-2011, 07:28   #7
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Re: Can i fix your boat

Originally Posted by cburger View Post
. . . Think you could be potentially held liable for damages, "No good deed goes unpunished".
Quite true in a society based on lawsuits. In more basic (e.g., small 3rd World) societies there is a lot more leeway. Helping out an unmanned boat in distress or potential distress is looked upon as almost an obligation of community friendship. I cannot count all the times I and others have come to the "rescue" of an unmanned cruising boat while the owner/skipper was ashore on business.
- - However, in the "I-sue-you" societies the opposite is the rule. Touching, assisting or aiding something or somebody makes you legally liable for subsequent problems.
- - Every boatyard/marina in the USA that I have been in, which is lot on the U.S. east coast, have buried in the fine print of the slip rental agreement statements authorizing the marina/boatyard to take preventative or any necessary action needed to protect other patrons or the marina/boatyard property.
- - However, this caveat does not include you - who is not a marina/boatyard employee. So you are on your own. It is a tough decision to intervene prior to any actual damage. It is pretty certain that in a court of law you will be partially responsible for the damage should any occur.
- - To get obscene about it from real life occurrences, should you run out in an intersection to save a person from getting run over by a vehicle and in the process the "saved" person breaks an ankle, three guesses who will be legally liable for that broken ankle and the medical bills - first three guesses don't count - the answer is you. Some communities have had to pass "good samaritan" laws to make it possible for you to "save" that person without jeopardizing your whole life and finances.
- - Bottom line, you are going way out on the limb into financially dangerous areas by "doing it yourself." Better to be a pest and get the marina to send one of their employees to do it.
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Old 27-08-2011, 11:38   #8
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Re: Can I Fix Your Boat ?

As long as you add lines, not removing any, you are fine. Marina management may claim otherwise, esp. when they are to lazy to do such things themselves ...

Better to do things and face a pretty pointless conversation with someone than wait do nothing and see my boat damaged.

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Old 27-08-2011, 18:21   #9
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Dear prudence it really is far from my place to intervene on the way another boat is set up. Way outside my normal place of helping where I can. Justification a unsecured head sail in the current conditions would putt my life and property in jeopardy as would the failure of a single mooring pendant. The yard has been notified of the concern.they took no action someone went and tied the head board down and added line to the moorings.. Very foggy so I can't say clearly who did this really glad they did x should never have had to do this, x would like never to go on someone's boat without permission, x thinks the owners are okay that x did something they for what ever reason were unable to do, I am so glad x made a judgment call and added lines. And secured the Main sail head board, although not real high winds it's been constant for hours ideal for chafe. No way a boat with it's main catching wind would hold in these conditions. Bad practice having a single line to a mooring in tropical storm winds. I really hope their crap ass preparation holds. . Spent hours stripping my boat and even ran anchors out to not have taken a hard look at the other threats around me would be my negligence . Hope others do the same , thanks x for ignoring the legality and taking action to save a few boats

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