Who is responsible for damage to my boat.

[taxwizz]

Some years ago the marina fork lift backed into my rudder and gouged it. I discovered this the next day when I dropped by the boat and saw the local fiberglass guy fixing it. They didn't even ask, they just fixed it.

THAT is service.

[wholybee]

Originally Posted by George DuBose

If your boat doesn't have any scratches or dings, you aren't using it enough...LOL

I might argue that using the boat prevents this type of damage, which inevitably happens while in port.

30,000 mile circumnavigation, and while there is some oxidation and some scuffs that need buffed, this is the only damage to the hull.

[taxwizz]

Originally Posted by wholybee

I might argue that using the boat prevents this type of damage, which inevitably happens while in port.

30,000 mile circumnavigation, and while there is some oxidation and some scuffs that need buffed, this is the only damage to the hull.

The water won't scratch your boat.
The problem is the rough edges.

[wholybee]

Just a bit non-related information. I work across the street from this marina, and don't have a car. So moving isn't an option. Also, I will be returning to full time sailing/cruising in less than a year, so I'm not worried about renewing my annual contract.

I've brought to there intention, and they denied responsibility. I think the thing to do is have it fixed on my own dollar, then present them with a bill for reimbursement and a firmly worded letter. Maybe a post to their Facebook page if they don't cooperate. For the money involved lawyers and insurance companies aren't worth it. But I can still make it better for them to reimburse me than not.

[jmschmidt]

The marina, absent a clause in your mooring agreement to the contrary, is absolutely responsible for the damage. Now, do you want to spend really big bucks hiring lawyers and suing them in a local court, US Dist. Court or whatever (which may take years to resolve) when any surfer kid can do a reasonably good fiberglass patch? In fact, if you are a boat owner you should be able to do a reasonably good patch.

On the other hand here is a ploy I have used a few times to get what I was due. Go to your state's justice dept. website and find the forms to fill out online for a "Small Claims" action (usually the max dollar amount is between 3 and 5 grand). Fill out the forms but don't file them because you will have to pay the filing fee and follow through with the complaint. Print a copy of the filled-out forms and mail them (certified) to the marina with a cover letter stating that if they don't agree, in writing, to pay for the damage or pay you x$ within Five (5) Working Days, you will file the complaint with the court. Works every time.

[darylat8750]

Originally Posted by hamburking

They will be reluctant to give you money. Ask them for something they CAN give you... free power hookup, free pressure wash, etc. If its something they can keep off the books and make the problem just go away you stand a chance.

This is my thought. Kick a pebble and try to make it easy for the marina's owner to do the right thing. He may be worried about setting a precedent so I would certainly start out low profile and avoid complaining to neighbors in the marina.

[joelhemington]

Originally Posted by Cpt Mark

Yes but that is moving your boat, not someone else's. The marina is clearly at fault and is being beyond rude.

As has been said before, it may cost a lot more money then you think. And even if it doesn't, on general principles to educate them on how to run a responsible business I'd talk to my insurance company and/or file a claim in small claims court and ask for punitive damages. If the contract specifically states that they can damage other boats at will a judge might just see it differently.

I'd also be moving, letting all my neighbors know how bad this marina is run and making sure it's plastered everywhere on social media. This of course is if you are dealing with the owner of the marina. If you're dealing with the hired help then by all means get in touch with the owner and ask them, in writing, to do the right thing.

Amen Mark, just because you stick something in a contract does not mean that it's considered legal. The judge would have a field day with this one.

[taxwizz]

Think of this as an excellent opportunity to learn a little about boat maintenance and repairs. It should not be difficult, and the other boaters should be happy to help.

And when you are done, you will have a great sense of accomplishment.

Think of it as a good thing, not a bad thing.

Attitude is the difference between Ordeal and Adventure.

[Orion Jim]

Originally Posted by joelhemington

Amen Mark, just because you stick something in a contract does not mean that it's considered legal. The judge would have a field day with this one.

EXACTLY! This is a bluff clause. Totally unenforceable.

[billgewater]

From my experiences with marinas, I would not be surprised if they threatened you with a compensation claim for damage to their tender and psychological trauma to their staff member!

[meirriba]

How does the marina explain they stand? Do they claim the damage was not done by their action?
Otherwise they are clearly responsible, being the party that both initiated and performed the damaging action.
Get an repair estimate from a boatyard.
Write a polite but assertive claim to the marina, with the estimated price attached and wait for answer.
In the letter mention that they both initiated and performed the other boat's movement.
If they still refuse, you have two options:
Forget
Go to small claims court.

[DanielI]

Originally Posted by taxwizz

Some years ago the marina fork lift backed into my rudder and gouged it. I discovered this the next day when I dropped by the boat and saw the local fiberglass guy fixing it. They didn't even ask, they just fixed it.

THAT is service.

Just curious, were they planning on telling you?

Maybe looking for the dark cloud around every silver lining, but unfortunately that would have been my first thought...

[GrowleyMonster]

Was the boat being moved OBLIGATED by a condition of the lease or contract to move under the circumstances, and did the lease or contract authorize the marina to move it if the owner refused or was unable? That would put a slightly different coloring on who was actually responsible for the move.

Was the individual in charge of the move qualified? A USCG license, for instance? Assistance towing?

So yeah the marina is probably liable but like a bunch of other guys have stated, they may well have an out in the lease that would make it a difficult case. The owner of the other boat might be liable or partially so. Or the actual operator who performed the move might be liable. A license confers a great deal of responsibility on the license holder.

No matter what, obviously it is not YOUR fault. Except maybe legally it is, depending on the terms of your lease. Then again, judges have often disregarded poorly worded or utterly ridiculous contract prose.

It's gonna be a mess. The marina is the obvious party to go after, but I agree... the soft approach is best. Getting all lawyered up is not worth the chimp change infolved here. Nor is getting your insurance carrier involved. If your marina does haulouts, repairs, etc then maybe you can get them to just squeeze your gelcoat chip repair into another job, and do the repair but still keep the costs off their books. Talking about a few bucks worth of materials, probably, and a couple hours of work, if I am reading this right.

The above legal advice is guaranteed to be worth every nickel that you paid me for it.

[Defarm]

I’m not a lawyer and not aware of what jurisdiction you are in but negligence overrides disclaimers of liability. But, a Marina giving you grief over something fairly easily fixed would give me pause about staying there. I don’t know if there’s much demand for your slip, but relocating to another marina and stating your reasons on boater sites would do more financial damage to the marina then they inflicted on your boat. Most marina owners and management understand that. Vote with your money. Move.

[Dave52]

The marina should take responsibility.