Marina responsibility vs my own

[gaucho]

Why are you assuming I did not have proper fenders? I did, five of them on a 40 foot boat. But the screw was at the end (corner) of the T head, and as I was going away the wind pushed me into the corner. It was unfortunate. I probably could have avoided all of this by making sure. my aft really separated from the dock, but also had another boat in from of me. It's not easy.

I wasn't STUPID. I was just not as careful as I should. And I never thought there would be something on the rubrail to hurt my boat.

I do not expect for the third time for the marina to be responsible for the damage. Im just saying that at what point do I also take on the basic responsibility as a captain for my own boat of stuff like a rubrail that one would assume is free of scratching screws! Thats all.

[JPA Cate]

The point at which you board the boat, as the skipper, you bear the sole responsibility for the welfare of the ship and her crew.

In the US, marina's may have some legal responsibilities, but they also have lawyers who will protect them.

Ann

[SecondBase]

"Sole responsibility" exactly. I scraped some rubrail myself a few weeks back on a fuel dock. It didn't cross my mind to transfer that to someone else.

Your efforts might be better applied at studying how to get off a dock when pinned as mentioned above.

Also if you provide photos of the scratch you'll find plenty of useful advice from the forum around a gelcoat or glass fix.

[nwdiver]

You are in Mexico, you are responsible for damaging the dock.........

[Pelagic]

Sorry to say that the rub rail is not a substitute for fenders but really there to protect the dock timbers, so a loose screw is not their liability.

However this is a really good question to discuss further.

What if a marina is really falling apart and boats get damaged due to no structure left on the floating docks after a minor storm
whose liability?
Example....

[valhalla360]

It's all on you. Sliding down the side of the dock is not typical docking method. If you need to make contact, you set a fender where you will hit.

If you didn't have enough crew to keep the fenders in place, appropriate fenders to the task or conditions just didn't allow it, it's on you.

By your description, it appears you were in a slip not assigned to you. That further limits any potential liability. They didn't tell you, you could use it.

In the future, learn how to use spring lines and/or the engine controls to swing the stern away from the dock when the wind has you pinned or wait for better conditions.

The fact that they offered anything is purely a good will gesture and in no way implies they are liable.

[JPA Cate]

When marinas get really run down, it's a problem for every boat owner there. There's one marina on the Australian East Coast that is just now starting repairs following a damaging storm earlier this year. It was so run down beforehand, that we wouldn't slip there at all, instead, anchoring out if we stopped there.

We're in a better position, because we're always moving, anyway, but most people have to stay where work and home are.

We've known people who have (with permission) added cleats to the docks at their berths, at their own cost, and, also "padding" to let the boat lean against, as well. I like the point that the rub rails on the dock are to protect the dock, not your boat. Sort of puts a different complexion on matters, eh?

Ann

[Auspicious]

Originally Posted by rwidman

Most of us set fenders in place before we dock and remove them after we have left the dock

I guess I'm not part of "most." I place fenders after I'm tied up, adjusting lines to make room if necessary. I recover fenders before leaving the dock. Of course there are exceptions given circumstances. In my experience there are simply too many times when fenders get caught on a piling or even a loose or protruding board and can pull hard enough to damage the boat.

Originally Posted by valhalla360

use spring lines and/or the engine controls to swing the stern away from the dock when the wind has you pinned or wait for better conditions.

... or swing out the bow depending on circumstances. A spring line is certainly the conventional way to get off a side-tie when blown on.

Originally Posted by JPA Cate

When marinas get really run down, it's a problem for every boat owner there.

Agreed. The upside of a badly run down marina is that we approach them very gingerly. In the case of the OP there was an exposed screw head (not a loose screw as others have said, at least as I read the post) in an otherwise nice, well-kept facility. While the responsibility does lie with the OP I don't see how he can be blamed for letting his guard down.

[unbusted67]

I think this has to do in part with the level of marina. If you are paying top dollar for a premier marina, yeah, their docks should be perfectly maintained. But as cruisers we know 95% of all marinas are falling apart.

Gaucho, no one is calling you stupid. We've all smashed up our boats. But in this case the responsibility is on you. You could have sprung off of the dock with a spring line and presumably backed away 30 feet from the T head. But instead hugged the dock and scraped the boat. Lesson learned. NBD