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DanielI · 15-08-2020, 21:06

I was just contacted by the marina that my mooring ball failed last night. It drifted across the mooring field, apparently missing the other boats, and ended up against the shore about a mile away. The marina was not initially able to reach me, but luckily there is someone I trust who knows the combination on my padlock who they called, and was able to get to the boat, inspect it for damage, and move it to a new mooring ball.

The failure was not our lines, the mooring ball came off its chain.

It seems thus far the only damage was cosmetic. The boat is still in the water. I have a few questions:

1. It seems clear to me that the marina should be responsible for rescue costs and any damage. I got a bill from the person who took care of it; if I submit that to the marina, along with estimates for any damage, they should reimburse me, right?

2. Is there anything I need to look for specifically? The boat would be coming out of the water end of September, anyway. Is there any reason to haul it out now to inspect for damage (and, if so, should the marina cover it)? There is no local marine surveyor, so I’m relying mostly on my friend’s report.

3. Assuming I don’t haul it now, is it inappropriate to politely put the marina on notice that if we see anything when it comes out, they will be responsible?

Thank for any guidance. I’m a little freaked out at the moment. Every time I leave the boat on its mooring, I get a tinge of worry, but I’ve always dismissed that as silly. Also, I’m surprised the marina didn’t take direct responsibility to rescue my boat.

Uncle Bob · 15-08-2020, 22:36

Quote:

Originally Posted by DanielI

I was just contacted by the marina that my mooring ball failed last night. It drifted across the mooring field, apparently missing the other boats, and ended up against the shore about a mile away. The marina was not initially able to reach me, but luckily there is someone I trust who knows the combination on my padlock who they called, and was able to get to the boat, inspect it for damage, and move it to a new mooring ball.

The failure was not our lines, the mooring ball came off its chain.

It seems thus far the only damage was cosmetic. The boat is still in the water. I have a few questions:

1. It seems clear to me that the marina should be responsible for rescue costs and any damage. I got a bill from the person who took care of it; if I submit that to the marina, along with estimates for any damage, they should reimburse me, right?

2. Is there anything I need to look for specifically? The boat would be coming out of the water end of September, anyway. Is there any reason to haul it out now to inspect for damage (and, if so, should the marina cover it)? There is no local marine surveyor, so I’m relying mostly on my friend’s report.

3. Assuming I don’t haul it now, is it inappropriate to politely put the marina on notice that if we see anything when it comes out, they will be responsible?

Thank for any guidance. I’m a little freaked out at the moment. Every time I leave the boat on its mooring, I get a tinge of worry, but I’ve always dismissed that as silly. Also, I’m surprised the marina didn’t take direct responsibility to rescue my boat.

Hi, is the mooring one that you rent, owned by the marina, or one that you have had installed yourself.
If rented what does the rental agreement say?

DanielI · 15-08-2020, 23:22

Quote:

Originally Posted by Uncle Bob

Hi, is the mooring one that you rent, owned by the marina, or one that you have had installed yourself.
If rented what does the rental agreement say?

Rented. Looked at the rental agreement, and it has a pretty lengthy waiver in it. When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained. And, I don't know that I could prove negligence on their part, although it seems unlikely to me that a properly maintained mooring would break loose in mild weather.

I could consult a lawyer, I guess, but I'm more wondering whether this is a normal thing to have happen, and if normally marinas take responsibility. Or is there no normal?

HopCar · 15-08-2020, 23:28

Contact your insurance company. They’ll take care of you and get reimbursed if possible from the marina.

Uncle Bob · 15-08-2020, 23:35

Quote:

Originally Posted by DanielI

Rented. Looked at the rental agreement, and it has a pretty lengthy waiver in it. When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained. And, I don't know that I could prove negligence on their part, although it seems unlikely to me that a properly maintained mooring would break loose in mild weather.

I could consult a lawyer, I guess, but I'm more wondering whether this is a normal thing to have happen, and if normally marinas take responsibility. Or is there no normal?

Sadly the reaction from many "marine professionals"is one of disdain for those affected by their obvious negligence, including insurance companies. You say the damage is cosmetic so I would humbly suggest that suck it up , perhaps asking the marina if they feel it would be appropriate to haul the boat and inspect, being as it is after all their mooring, at their expense.
The legal path usually is not worth it for relatively minor "happenings".
Go forth and enjoy what is left of your season.

Stewie12 · 16-08-2020, 08:32

I doubt if they would haul you out for nothing as it could be conceived that they were admitting they were at fault. The key to their responsibility is in the rental contract and discussing the damage with the marina and/or a lawyer. But he will probably charge you $500 to read it. My boat broke loose from its moorings in a storm and the problem was the swivel joint in the chain. That needs to be inspected on a regular basis.

mvmojo · 16-08-2020, 08:34

I'm in the same camp as HopCar... turn it over to your insurance company. Ask if they want the boat hauled to inspect for underwater damage, etc. Ask them to subrogate against the marina. They've got lawyers for that sort of thing!

patrickbarbary · 16-08-2020, 08:47

"When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained."
Not a defense. If you signed a waiver, retaining a lawyer will be throwing good money after bad.

Bill Seal · 16-08-2020, 09:16

It would seem to me that if the marina requires you to have liability insurance, they would have it also.
But they will probably weasel out.

Orion Jim · 16-08-2020, 09:29

Quote:

Originally Posted by patrickbarbary

"When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained."
Not a defense. If you signed a waiver, retaining a lawyer will be throwing good money after bad.

Frequently liability waivers are in direct conflict with case law....they all like to get away with anything they can.
Turn it over to your insurance company. If not satisfied with with the performance of their lawyers you may hire your own....at your expense, which can be considerable.

TomThumb · 16-08-2020, 10:15

You are managing risk here. If the damage is truly cosmetic and you are confident, then move on. But if there is any damage fund later when you slip the boat, not having raised it will not be good.

So, start with your insurance company. They will initially assess liability (ie cost to them and likelihood of winning including the 'waiver's' legality). That's free legal advice because if they won't pursue, other than through laziness, you are unlikely to win with a lawyer you call.

If they do think you have a claim, they will want the boat slipped and surveyed. You may have to pay the yard upfront but reimbursement through the insurance company would come from there. The costs of 'towing' should also come out your insurance, otherwise what is it covering?

Even if you slip in Sept, the fact you called and raised the issue gives some continuity and an argument the damage was caused at that time.

For peace of mind, that phone call will help.

northwestsailor · 16-08-2020, 10:23

Interesting that this question should come up. Two evenings ago a very nice solid past us, went underneath the Coronado Bridge and into Glorieta Bay. Somehow the Harbor Police got involved and some locals here in the moorage went out and saved the day. Details are sketchy. When we saw the boat in Glorieta that ball was still attached and the anchor down. They took another vacant ball for the night and yesterday the Moorage company spent half the day resetting the ball and moving the boat back to its rightful spot. I am pretty confident we will all get our setups checked in the coming days.

moseriw · 16-08-2020, 10:47

looks like an US claim. For Croatia - these guys down there are responsible for nothing. Not even for damages on a paid marina car parking lot and especially not for any damages on rented buoys even if they are guilty of "gross carelessness".

So read the damn contract before you sign it and do always put 2 lines in the chain and not on the buoy. THIS is good practice which will not prevent you from drifting when the chain to block connection is not properly maintained or the block itself is far to lightweight for your boat.

All the best for your case.

Mother1ship · 16-08-2020, 11:04

one thing to consider -- not sure how available moorage is in your area or how attractive the moorage fees were, but once you start a fight you will be unlikely to be allowed back in.

I'm in a place where affordable moorage is precious...