I have a legal
question that came up and would like advice from anyone with any knowledge on maritime law. This is an email
sent to the other boat
I’m sending this email
to establish agreement of the facts leading up to yesterday’s accident
, while they are still fresh in our minds.
* I arrived on 24 June and, with your assistance, checked in on 25 June.
* A few days later, you asked me to move my boat
to its current
location, so you would be better able to observe it while you cared for it during my absence.
* I departed by plane on 28 June.
* I returned on 18 September.
* Shortly after returning, I sent you an email stating that there was now a boat that was too close to mine that wasn’t there when I first anchored in this location.
* When I found out it was your boat, I asked you what we should do about it and you said you would move it.
* You tried to move it, but said you couldn’t get the anchor
up with a north wind
. Instead, you changed the scope
of the anchor rode
* I tried once to move my boat but found it, and the anchor, fixed.
* At 0300 on 8 October, I was woken by a crash, which was due to a collision
of the two boats. I got fenders between them and moved my dinghy
to minimize damage. The boats drifted apart and did not collide again for the rest of the morning.
* I radio’d you about 0800 that morning to tell you of the collision
and you said you would be be by later that day to move your boat.
* At 1400, I radio’d again and you said that you had hurt your back and would be by later that day or the next to move it but that you did not expect another collision.
* I called again at 1600 to say that the boats were now getting very close, within meters, of each other and you said that you would move your boat tomorrow as you were still in pain. You also restated that you couldn’t move your boat with the wind
coming from the north.
* Shortly after that, the boats collided. When the boats temporarily drifted apart, I quickly called you, which was when you said you were on your way to move your boat. Despite my efforts, your boat damaged my davits
* After you arrived, you asked me to move my boat, which I tried again to do unsuccessfully, which was when you finally lifted your anchor and moved to another location.
My preference would be to get the davits
fixed properly here. If that is impossible, a temporary fix here that would get my boat, my dinghy
and me safely to Raiatea, where I could get it all fixed while in the hard, would be acceptable.
If you could at least confirm the above facts so we can establish agreement as to what happened. If you did
I like you personally and am grateful for your watching Serendipity while I was gone as well as your work
on the watermaker
After the accident
, you offered your hand to me in friendship, which I accepted and which I believe is in both of our interests.
I will be by this morning to discuss options with you.
Thank you for your responses.