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Legally who’s responsible?


bigcol

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5 minutes ago, bigcol said:

just feel a apology would have been nice

 

 

E.G. the 'politicians apology'?

 

"We're sorry you feel this way about the damage to your boat"

 

Or a proper

 

"Really sorry we caused this damage to your boat. Our cock-up..."

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6 minutes ago, Alan de Enfield said:

 

From whom ?


 

😂 😂 😂. Alan! Please don’t start me off again 😂 😂 

but as MtB said yes, the last apology option could have put it to bed. Finished

but back to Alan’s post from who?, apologising tho as a previous poster says is a admit to doing it!

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47 minutes ago, bigcol said:


 

😂 😂 😂. Alan! Please don’t start me off again 😂 😂 

but as MtB said yes, the last apology option could have put it to bed. Finished

but back to Alan’s post from who?, apologising tho as a previous poster says is a admit to doing it!

 if the marina took the blame they’d leave themselves open to all and any claims for knocks and scratches 

 

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17 hours ago, bigcol said:

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?

 

If you knew it was tied poorly why did you not tighten the ropes

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7 minutes ago, Tonka said:

If you knew it was tied poorly why did you not tighten the ropes


because I never knew!! We were inside the boat, when we were hit hard, as in a big bump, then another within seconds.

we then made it safe, with the crane company staff.

but the damage was done.!

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I don’t know why their coming upside down!

1st 2 photos of the moved boat that bumped into mine, the boat is brand new, haven’t been out in it yet

Last 2 are of our boat

17DAAE8E-C672-4D4C-B7E3-8693FB0D8D15.jpeg

9A8B832D-0979-46DC-AD4C-761F6D015927.jpeg

8999BBE2-4506-4842-9733-AF059A5B6D64.jpeg

934491F5-BF8A-4317-AF03-1C40A9FCF32F.jpeg

Edited by bigcol
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14 minutes ago, bigcol said:


because I never knew!! We were inside the boat, when we were hit hard, as in a big bump, then another within seconds.

we then made it safe, with the crane company staff.

but the damage was done.!

So the crane company knew your boat was damaged and helped you re tie the boat. I would start with them first and see where you end up

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I have always understood that if someone moves a boat they become liable if damage subsequently occurs. I strongly suspect that the sequence would be that any claim by OP would have to be made against the owner of the boat that damaged his, but the owner of the offending boat would then in turn claim against whoever moved it. This person might in turn say he was authorised by the marina owner ...

 

The Lawyers then retire on their ill-gotten gains

 

Tam

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You need to look at where the negligance (if any lies)

The speeding boat may be to blame but probably cant be found and would probably say that it was just doing a normal speed.

The marina has done nothing wrong.

The owner of the other boat has done nothing wrong. You could argue that the crane co were his employees and therefore his agents so he is vicariously liable for their actions but he would only counterclaim against them so that would waste everyone's time unless the crane company had disapeared in the meantime.

The crane company implicitally (As Bojo would say) accept that they mis moored the other boat and  there is your negligance and  claim.

 

Now there might be all sorts of contractual arrangements betwee marina/crane people/other boat owner but (in theory at least) that is for them and not you to sort.

 

If this is the marina I think it is best to just let it rest.

 

 

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20 hours ago, bigcol said:

1st 2 photos of the moved boat that bumped into mine, the boat is brand new, haven’t been out in it yet

 

You didn't say you had rear-ended the other boat!  I know who car insurance firms assume is at fault when this happens on the road ... ;)

 

Looking at the pictures, your boat came off the best of the two.

 

 

1 hour ago, Tam & Di said:

The Lawyers then retire on their ill-gotten gains

 

To their shiny yacht that doesn't have a dent in it? :D

 

 

23 minutes ago, Phoenix_V said:

If this is the marina I think it is best to just let it rest.

 

@bigcol has already decided to do this.  I'm pretty sure this thread was more about the general concept - if there had been extensive damage caused rather than a dent and a scrape, who would be liable.

 

Annoying, yes, but I've caused worse scrapes on my own boat when single-handing swing bridges.  I call them battle scars!

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I would have thought a very polite rant about the situation with the marina owners (in which you assure them you're not taking any action but think the crane company should have done better) might be worth a bit of goodwill in future

 

But I've had the opportunity to cruise my boat and it's covered in much worse scratches as a result!

 

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3 hours ago, TheBiscuits said:

 

You didn't say you had rear-ended the other boat!  I know who car insurance firms assume is at fault when this happens on the road ... ;)

 

Looking at the pictures, your boat came off the best of the two.

 

 

 

To their shiny yacht that doesn't have a dent in it? :D

 

 

 

@bigcol has already decided to do this.  I'm pretty sure this thread was more about the general concept - if there had been extensive damage caused rather than a dent and a scrape, who would be liable.

 

Annoying, yes, but I've caused worse scrapes on my own boat when single-handing swing bridges.  I call them battle scars!

or even Bottle Scares

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