New Boater - is it normal protocol for a marina to not cover damages from dock hand?

[northwestsailor]

Originally Posted by Woodland Hills

It’s quite an eye opener to learn that $900 and rising is small change, not worth bothering about, isn’t it? Welcome to the world of boating!

It wasn’t your fault, but it was your responsibility. Isn’t it great to now be a “Captain”?

Look on the bright side. I was always told BOAT means “break out another thousand” so that extra $100 in your pocket means a 10% discount off the standard rate. Where is this marina? Maybe I will head there too

[SailSummerDaze]

Originally Posted by northwestsailor

Look on the bright side. I was always told BOAT means “break out another thousand” so that extra $100 in your pocket means a 10% discount off the standard rate. Where is this marina? Maybe I will head there too

Hazzard Marina in Georgetown. Clyde the mobile welder is amazing. Ever need anything welded go there. 4 hours of welding (brazing) for $130 US

[northwestsailor]

Originally Posted by SailSummerDaze

Hazzard Marina in Georgetown. Clyde the mobile welder is amazing. Ever need anything welded go there. 4 hours of welding (brazing) for $130 US

Thanks for that information. I think Hazzard Marina is a hint.

[Sand crab]

I blew that up and there are some good pits in there.

[Rhwins]

Ouch!

[CarlF]

This was a rookie mistake. I imagine almost every cruiser has left a dock with lines in the water - I have more than once. It happens.

As the person in command of the vessel, everything and everyone is your responsibility. That's the tradition and the law of the sea. Land courts might decide otherwise but an Admiralty Court would toss your case in a second.

When leaving a dock, I check visually that every dock line is aboard before putting the engine in gear. If a line is out of my view, I'll say "Is the stern line aboard" and wait for an answer.

As for the marina. I've rarely come across a dock hand who isn't trying his/her best. "Trust" isn't the point. These people are the lowest rung on the marina ladder and are rarely given real training. But they generally do their best to execute the Captain's order. If the Captain gives stupid orders (or no orders) - it's really not their fault. It only would have taken a second to ask the dock hand if the line was in the water.

The sad thing is that by taking his honest rookie mistake to small claims court - this marina may just stop having dock hands help boats on and off the dock. The marina doesn't make any extra money from this service. If they charged an extra $10 for dockhands - think of the howls of outrage on this board.

I've cruised for 40 years and can land a boat as well as anyone - but docking a 55ft 25 ton ketch, I still very much appreciate a dock hand.

Hopefully the OP will rethink his court filing for the good of his fellow cruisers.

[sanibel sailor]

Maybe the surveyors here will correct me, but brass is typically 40% zinc and will spontaneously dezincify in salt water. Bronze is a copper/tin alloy, does not have zinc and will not. Bronze is however subject to both electrolysis (usually slow) and stray current corrosion (can be alarmingly fast.) All three give a pink color.

[S/V Adeline]

There was a boat fire at a marina in Mobile Bay a while back. Marina staff moved a 27ft perfectly fine/seaworthy sailboat to allow room for the huge fire vessel to enter and battle the flames. Boat was moved at peak high tide, when all was over, it was dead low tide and only about 4ft of mast was above water. Almost everyone agrees she was tied too tight, and as the tide dropped she rolled until water started pouring in. Marina was not found "responsible".
While I sympathize, I doubt you will have a successful outcome.

Originally Posted by SailSummerDaze

Appreciate the input. I paid $80 to the courthouse today to pursue this route. See what happens.

[SailSummerDaze]

Originally Posted by CarlF

This was a rookie mistake. I imagine almost every cruiser has left a dock with lines in the water - I have more than once. It happens.

As the person in command of the vessel, everything and everyone is your responsibility. That's the tradition and the law of the sea. Land courts might decide otherwise but an Admiralty Court would toss your case in a second.

When leaving a dock, I check visually that every dock line is aboard before putting the engine in gear. If a line is out of my view, I'll say "Is the stern line aboard" and wait for an answer.

As for the marina. I've rarely come across a dock hand who isn't trying his/her best. "Trust" isn't the point. These people are the lowest rung on the marina ladder and are rarely given real training. But they generally do their best to execute the Captain's order. If the Captain gives stupid orders (or no orders) - it's really not their fault. It only would have taken a second to ask the dock hand if the line was in the water.

The sad thing is that by taking his honest rookie mistake to small claims court - this marina may just stop having dock hands help boats on and off the dock. The marina doesn't make any extra money from this service. If they charged an extra $10 for dockhands - think of the howls of outrage on this board.

I've cruised for 40 years and can land a boat as well as anyone - but docking a 55ft 25 ton ketch, I still very much appreciate a dock hand.

Hopefully the OP will rethink his court filing for the good of his fellow cruisers.

I don’t think you fully understand the situation. Appreciate the novel.

Dock hand threw my line under my boat. I asked 2 times in 10 seconds for him to pull the line in, at the 20 second mark he snaps out of his daze and says “oh, I already threw it under the boat - I should have said something earlier”

[SailSummerDaze]

Originally Posted by JasonS

Could just be me, but that break looks like it was "just waiting to happen". Marina's, boatyards, and most marine businesses are excellent at absolving themselves of responsibility anyway. In this case, you might be "lucky" that it happened at a dock/onshore where you can easily replace the part, rather than offshore or in some exotic place where the fix would be more difficult and expensive.

Being new to the boating community, is it normal for a strut to break on its own with no contact or force from another object?

[SailSummerDaze]

Originally Posted by Capt Jerry

As a practicing attorney, I will tell you that the employer is responsible for the negligence of its employees. So, yes, marina is legally responsible. Here is the problem, it is not clear (as some others have posted) that the strut was not ready to fail, and that the dock handler's actions are the "proximate cause of the damage." Meaning your claim is not cut and dried. Also when it comes to hiring attorneys, the claim is too small. Your lawyer is going to want more than $900 just to take the case. (as you already know)
One final note on the matter of contracts that disclaim responsibility, they must be clear otherwise the clause is enforced against the drafter (marina), and cannot disclaim gross negligence.

This is essentially what our family attorney said. Gross negligence would be my only chance. But better chances that the local jurisdiction sides with the local marina. Lesson learned. Boycott Georgetown landing

[SailSummerDaze]

Originally Posted by S/V Adeline

There was a boat fire at a marina in Mobile Bay a while back. Marina staff moved a 27ft perfectly fine/seaworthy sailboat to allow room for the huge fire vessel to enter and battle the flames. Boat was moved at peak high tide, when all was over, it was dead low tide and only about 4ft of mast was above water. Almost everyone agrees she was tied too tight, and as the tide dropped she rolled until water started pouring in. Marina was not found "responsible".
While I sympathize, I doubt you will have a successful outcome.

Holy hell, that’s a horrible story. Lesson learned.

[CarlF]

It seems most unlikely that he purposely "threw" the line under the boat. Thrown lines frequently miss their mark and fall in the water. There was nothing "negligent" about a rope falling in the water. It is putting an engine in gear near a rope that is the negligent act.

But what I don't get is when you asked him about the line and he didn't answer (in a "daze" as you say), you still went ahead and put the engine in gear. Why did you do that?

If he had told you the line was on your deck when he could see it was still in the water - then you'd have something to complain about.

Again, these kinds of things happen to every new boater (and even not so new). I cruise in Maine where it's hard to go a season without a couple of lobster traps tangling the prop. It's part of the "fun".

[CF32907]

Originally Posted by S/V Adeline

There was a boat fire at a marina in Mobile Bay a while back. Marina staff moved a 27ft perfectly fine/seaworthy sailboat to allow room for the huge fire vessel to enter and battle the flames. Boat was moved at peak high tide, when all was over, it was dead low tide and only about 4ft of mast was above water. Almost everyone agrees she was tied too tight, and as the tide dropped she rolled until water started pouring in. Marina was not found "responsible".
While I sympathize, I doubt you will have a successful outcome.

CaptVR here again, Hope you checked, in Florida you can be counter sued for double the amount sought, for frivolous lawsuit. So if the marina has to go to court and you loose, you will owe them $1800. If you don't pay they can take your boat. I'm telling you, that strut definitely had a serious corrosion problem. They have one mechanic testify that it had serious degradation, you will not only be paying $900. to fix it, but another $1800. to the marina. I've been doing this for most of my 74 years. I can also see pink spots on the prop. You best check your prop and all bronze thru-hulls. A fast cheap prop check, take a tack hammer and tap the mid section of the prop blade, if it does not ring like a bell, you have serious problems. Get a marine electrical shop to check all your electrical and bonding system, it will pay in the long run. Capt. Vince Rakstis, Ret MS St.Petersburg, Fl.

[leftbrainstuff]

No marina will accept liability. You are in a multi use place. They don't have any control over the condition of boats or the competence of people in the marina.

Plus boats manoeuvering in tight confines is pretty much a smash up derby in the making. Add some weather and physics with humans and what could possibly go wrong.

A bit like damage to your car in a store carpark. You accept the risk when you enter whether you want to or not.

I personally dont need, or want help docking. So I tell those wanting to help to 'thanks but I've got this'.

I have occasionally had someone who thinks they know better and they always make matters worse. Invariably I've had to explicitly 'unfriend' them with some appropriate sailor speak.