Page 4 of 4 FirstFirst 1234
Results 31 to 33 of 33
  1. #31
    Join Date
    Nov 2007
    Posts
    30,392

    Default Re: Damage by boat drifting onto mooring in Tasmania

    Quote Originally Posted by Triassic View Post
    If the mooring is appropriate and in good condition then why did it fail? If the mooring itself didn't fail then was it the way the vessel was secured to it? Either way if only one vessel amongst many came adrift that tends to suggest it is not unreasonable to have expected it not to do so.
    "Expectations" do not lead to negligence.

    As I said earlier it depends on the detail of the case. my boat in 1987 was on a perfectly suitable mooring that had been there (maintained of course) for decades. Still ended up on the beach in the storm as did several others, but not all, including boats adjacent to mine. The boat hit others on the way. A negligence claim would not have been successful against the yard as I would have been unable to show that they had failed to provide an appropriate mooring as nothing would have withstood reliably against such extreme weather. my insurance paid for my damage and I had no claims from the boats that were hit.

    You have to recognise that sometimes s**t happens despite the boat owner's best endeavours. Remember it is not the boat that can be sued, but the owner, who may just as easily be you. Would you like to be liable for things that happen which are out of your control?

    By not insuring All Risk it is the owner of the damaged boat who is assuming the risk of damage which is nobody's fault.

  2. #32
    Join Date
    May 2007
    Posts
    30,389

    Default Re: Damage by boat drifting onto mooring in Tasmania

    Quote Originally Posted by Triassic View Post
    If the mooring is appropriate and in good condition then why did it fail? If the mooring itself didn't fail then was it the way the vessel was secured to it? Either way if only one vessel amongst many came adrift that tends to suggest it is not unreasonable to have expected it not to do so.
    Exactly.
    Choosing to leave your boat on a mooring during the winter, when common practice is to have the boat ashore, might be enough negligence for you to be liable for the consequences.
    Storms happen. Not to be ready for a run-of-the-mill storm is negligence, being caught out by a once in a century freak storm might not be.
    In my view, civil law is fickle.
    Suing another boat owner for negligence, when you yourself have not taken the very basic precaution of getting insurance seems quite likely to end in tears.
    After all, the other owner probalby has taken the same course of action as the boat that got hit, i.e. trusting a very similar mooring in the same circumstances.
    OTOH, if the boats that broke free were on moorings which were underspecified, or not maintained for some years, that might make a difference.

    The boat needs fixing.
    Get it fixed, move on.

    The system is:
    We should all be insured, for events we can't take in our stride.
    If it's clearly someone elses fault and I can keep my NCB, that's better, but there is an outside change of things going wrong which are not much of anyone's fault.
    I insure my house with a fat excess, because I'll take ordinary setbacks on the chin, but if it gets struck by lightning, I'm covered.

    Having said all that, marine insurers are often very reasonable with third party claims, so maybe it's worth trying one's luck.
    I once had a 3rd party claim against me for a couple of hundred quid in a dinghy racing incident, my insurer paid up and my premium didn't go up significantly.
    Not worth the cost and effort of arguing, and some goodwill is generated.

  3. #33
    Join Date
    May 2018
    Posts
    1

    Default Re: Damage by boat drifting onto mooring in Tasmania

    The whole "Act of God" thing is very popular on the TV, but is nothing to do with modern insurance.

    When it comes to damage to your own yacht, the events that arè covered or excluded are clearly outlined in the policy document - and " Act of God" is not mentioned.

    When it comes to damage that you do to someone else's property (3rd party or liability cover), this will cover your legal liability. Legal liability typically arises under a tort (negligence, nuisance) or some form of Act, Regulation etc made by (or under the authority of) parliament.

    In this case, the question is, "was anyone negligent?". It could be the other owner, mooring contractor or someone else. If the event occurred without there being a legally liable party, there is no avenue of recovery.

    It's a pretty important principal. Otherwise we might have to pay up for things where we have no responsibility.

    Cheers

    Bristol

    P.s. We are currently cruising in Tasmania. Boy, it's a beautiful place, but do they have some weather!
    Last edited by Bristolfashion; 19-05-18 at 23:11.

Page 4 of 4 FirstFirst 1234

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Find Boats For Sale

to
to