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Legally who’s responsible?


bigcol

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Just would like to know

 

if you have a annual mooring, in a marina,for a few years.

and a cranage company we’re contracted to life boats in and out the canal

but to do this this one time, they had to move a boat alongside another behind your boat.

the boat was not secured properly, which proceeded to hit your boat with some force

caused by overly fast narrow boats passing by.

damage is light but a good dig and scratches, not a lot of money to fix

but who is responsible?

 

the BOAT OWNERS that hit our boat (this suffered very light damage)

the CRANE COMPANY that was and is contracted by the marina

or the MARINA who contracted the crane company to lift boats

 

Who is legally responsible?

 

 

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10 minutes ago, bigcol said:

Just would like to know

 

if you have a annual mooring, in a marina,for a few years.

and a cranage company we’re contracted to life boats in and out the canal

but to do this this one time, they had to move a boat alongside another behind your boat.

the boat was not secured properly, which proceeded to hit your boat with some force

caused by overly fast narrow boats passing by.

damage is light but a good dig and scratches, not a lot of money to fix

but who is responsible?

 

the BOAT OWNERS that hit our boat (this suffered very light damage)

the CRANE COMPANY that was and is contracted by the marina

or the MARINA who contracted the crane company to lift boats

 

Who is legally responsible?

 

 

 

 

I'd say it is the boat that went hacking past, too fast. 

 

 

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Check your mooring terms and conditions. They probably say that the marina and their agents and servants (which includes the crane company) are not liable for damage to your boat however caused. Which puts you on the back foot in relation to arguing that these terms are so unreasonable as to be unenforceable.

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9 minutes ago, TheBiscuits said:

I'd say it doesn't matter.

 

Your claim (if any) would be against the boat that hit you.

 

If their insurers wish to claim against the crane firm or the boatyard that's up to them and not your problem.

Not so easy though since the boat that hit Col's belongs to another marina moorer, and presumably the owner of that boat was not involved in moving it. So he (and his insurers) are going to say "Nothing to do with me mate!"

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Not so stroodwater1 😂. This has happened it’s not a lot of money to repair, but as yet not even a apology!!

if I got a apology then I wouldn’t feel so mad.

It’s just annoying, if the damage was severe, who would I be looking at to sort out the damage ( ie £5000 ish)?

who be liable?

 

who would you sue?

or would you use your 20 years ncb

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A good example of the difference between 'responsible' and 'liable' in insurance matters. It is not really important to know who is responsible as it is liability that determines whether a claim can be made against a particular party. When more than one party is involved it does happen that a chain of claims is processed.

 

Whilst it might be satisfying to claim against a passing boater, unless they were breaking any stated speed limit then they are unlikely to be liable. To be fair, they could probably not see that the 'other' boat was not secured - normally the response is that any boat owner should ensure that their boat is secured against any normal traffic.

 

I expect that The Biscuits is correct.

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2 hours ago, bigcol said:

Not so stroodwater1 😂. This has happened it’s not a lot of money to repair, but as yet not even a apology!!

if I got a apology then I wouldn’t feel so mad.

It’s just annoying, if the damage was severe, who would I be looking at to sort out the damage ( ie £5000 ish)?

who be liable?

 

who would you sue?

or would you use your 20 years ncb

How much is that 20 years NCB worth, £30, £40 it will cost more than that for a solicitors letter to get the ball rolling and then you may lose.

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1 hour ago, ditchcrawler said:

How much is that 20 years NCB worth, £30, £40 it will cost more than that for a solicitors letter to get the ball rolling and then you may lose.

When I started driving, (circa 1960) the insurance company made it clear that in the event of an accident never to make any statement that could be construed as an admission of liability - hence the courteous apology was ruled out of order. I must confess that I have not checked this advice in a long time!

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Hi it was the boat that was moved by the cranage company, along side to a moored boat behind me.

this was to make the gap for boats being craned in and out by the cranage company.


it was the boat they moved to make a spot vacant, that was tied to a moored boat for behind me (doubled Brested)

the boat was not tied properly, going forwards and backwards freely due to badly tied ropes to the boat it was put aside.

 

col

The repair is under £50, buts it’s the principle dont you think?

 

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In principle, the person tasked with securing the moved boat, is the person at fault, for not securing the boat properly, in view of passing traffic.

If this person was an employee, then the employer may be libel.

 

Total non professional personal opinion.

 

Bod.

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8 minutes ago, Bod said:

In principle, the person tasked with securing the moved boat, is the person at fault, for not securing the boat properly, in view of passing traffic.

If this person was an employee, then the employer may be libel.

 

Total non professional personal opinion.

 

Bod.

That is how  would see it as well.

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In insurance terms, if it were a car that was rammed into your car by another car, then your insurance would claim off the car that hit you. It's then up to that car's owner to pass the claim on. For £50 its not worth bothering with insurers, but I would be tempted to claim off the Marina for the negligence of their contractors. You can bet that they have had some kick back from the cranage contractors, most marinas do charge contractors. A written claim would elicit some response and would help you determine your next action. But then you need to consider the bad feeling that may engender with the Marina, who may decide not to renew your mooring; just saying.

Maybe boating is a contact sport.

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19 minutes ago, Bod said:

In principle, the person tasked with securing the moved boat, is the person at fault, for not securing the boat properly, in view of passing traffic.

If this person was an employee, then the employer may be libel.

 

Total non professional personal opinion.

 

Bod.

 

10 minutes ago, Jerra said:

That is how  would see it as well.

 

 

See post #3

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Thank you all you have helped me make a decision

going to take some of your advice.

I'm going to forget it, try to put it out of my mind

not take it any further. this marina, is my home

 

 

thank you

 

col

 

 

Edited by bigcol
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From my very basic understanding of tort law cases can involve damage caused through neglect or an omission of a duty of care. I can't see how this would apply to the boat owner who had no idea their boat had been moored alongside. Other parties maybe. 

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Reading the above comments again, round and round in my head.

and yes I agree.

not worth peeing off the crane company, a good company we’ve and we’ll known company 

or the owner of the barge that was moved by the cranage company, along side a boat behind me.

definitely not worth antagonising the marina owners.

 

just feel a apology would have been nice

 

thanks all 

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