Liability Issue
- Thread starter thetone
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For a $4,000-something property damage claim? Here's another idea--check to make sure that the offending boat was in the size range for that sized mooring. Some of 'em do have size limits.
In CA, lawyers are banned from Small Claims courts; cases are heard before a judge only. So, no legal fees re: lawyers; therefore, your comment in #41 would not apply there as they would not get paid, etc. So, recourse would be Small Claims sans council IF the offending owner is actually responsible. Of course, getting a judgement does not mean getting the money back.
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You are correct. The RI small claim limit is $2500. Looks like a way of keeping the lawyers employed in RI. The OP would need to accept the Small Claim limit or seek full restitution through the owner or through the legal system. As so many have identified, it is all in the argument and who is at fault.
In CA it's $10,000 as an individual. However, there are some caveats for multiple filings w/in a calendar year involving the figure $2,500. You might recheck the law for RI.
Unfortunately the vast majority of municipalities, that have & allow moorings, have not an ounce of clue about defining correct mooring weights, mooring shape/type for the bottom conditions, chain size, swivels, pendants etc. etc..
If the mooring met the towns local ordinance requirements, and was certified and inspected to these requirements, and the boat owner met all of them, and the mooring still dragged or broke the beef is really with the town for setting unrealistic mooring standards to begin with.
Having served on multiple mooring committees and investigated proper mooring sizing etc., for these committees, I can assure you that in many of the localities that have moorings I would not leave my worst enemies dinghy on them.
The mooring type, shape and submerged weight are all as critical as the chain, swivel and pendants. Keep in mind that far too many municipalities have done essentially no homework on what makes a good mooring. Heck far too many of them still allow concrete moorings based on dry land weight not even considering submerged weight.....
For example a 3000 pound cement mooring sounds huge except it wont weight anywhere close to 3000 pounds under water. This is why many municipalities, that have actually done their homework, have made concrete/cement moorings non-approved... If you were using concrete for a 30' boat in Rockport, MA, a town with well thought out guidelines, the dry weight of the mooring would need to be almost 5500 pounds for a 30' boat.... Mooring design and installation needs to be weighed against many factors such as bottom type, exposure, propensity to Nor' Easters, swells, currents, Hurricanes etc...
Any dead weight mooring is best to be long, low and flat so it can "work in" to the bottom and create "suction" to the bottom to add to the performance of its "dead weight".. Ideally after a few years it would be flush with the surface of the bottom.
This is what a typical dead-weight Maine granite mooring looks like, low and flat. Within a year it will often be flush with a mud substrate or below it.
A mushroom mooring should only be used on a soft mud bottom. Mushroom moorings are designed to "screw into" the substrate as the vessel works around it. Once set the bell of the mushroom will be 3'-4' below the bottom surface standing nearly vertical.. In the soft bottoms they usually work very, very well but if the mushroom can't set they are pretty horrible moorings.
Below are some suggested weights for dead-weight moorings. The guidelines below are from Rockport, MA, one town that has studied moorings rather extensively. They have come up with their own mooring standards, after losing boats in storms..
Quote-Rockport, MA - Mooring Regs -
"Deadweight Anchors:
Deadweight anchors are commonly used in New England. They are usually blocks of granite which hold vessels in place because they are too heavy to be dragged or lifted by the vessel.
The holding power of the deadweight anchor is derived solely from it's weight and not by its design. When a deadweight is pulled out of its current resting place, it may settle somewhere else, because its weight provides constant resistance.
Blocks become embedded in the harbor bottoms over the years, providing a degree of suction resistance in bottom material which has strong cohesive properties. Thus, a deadweight anchor is not likely to break free from its set. (An anchor is "set" when it becomes buried in the harbor bottom over time.)
It is recommended that the weights indicated be submerged weight of the deadweight anchor. Use the following table to calculate required weight of material submerged. Consult with the Harbormaster before purchasing gear.
Minimum (SUBMERGED) deadweight mooring weight:
Vessel length:
10 - 17 1000 lbs.
18 - 26 1500 lbs.
27 - 35 3000 lbs.
36 - 45 4000 lbs.
45 - 55 5000 lbs.
Submerged Weight Calculations
Concrete = required weight /.55 (example 1000 lbs./.55 = 1818 lbs.)
Granite = required weight /.64"
Example 20' Boat:
For a 20 footer using cement you need roughly a 2730 pound dry weight mooring to attain a 1500 pound submerged weight.
Deadweight moorings are easily dragged if not the proper shape or weight and thus require significantly more weight than would a mooring that sets or screws into the bottom. Dead weights can be both setting and non-setting depending upon bottom type. If the bottom type is non setting the weight will need to be higher.
Moorings that set, should be "set" in a settable bottom. The proper orientation for a mushroom is totally buried standing vertically or near vertically. The entire bell (round part) must be able to sink into the bottom and disappear other wise it is basically a deadweight mooring. Dead weight mooring weights should be used if this is the case & not mushroom mooring weights or your mooringbecomes grossly undersized.. This is where many municipalities who don't study storm damage, and asses what happened, get themselves into trouble.
Any mooring should be installed for the bottom conditions in your area. If your town does not have a clue follow the guidelines Rockport, MA uses.
We know what the town or Rockport, MA recommends for dead-weight moorings and that is about 3000 pounds (submerged) for a 30 footer or about 5500 pounds dry weight..
Scituate, MA requires even more min weight than Rockport at 2000 pounds for a 20 footer and for this harbor the only approved mooring is a granite block, because the bottom is not suitable for setting type moorings. No cement or "home made" moorings allowed unless specifically approved by the harbor master.
The quote below comes directly from Inamar Insurance, one of the largest insurers of pleasure vessels. They know the claims and the failures and why..
Quote - INAMAR Insurance Co.
In water, concrete loses almost one-half its weight; granite loses almost one-third, and iron loses only an eighth. This is significant. If a mooring is designed to withstand a 4,000-lb. pull, one needs 8,000 lbs. of concrete, 6,000 lbs. of granite, or 4,500 lbs. of iron. At a minimum, over one ton is needed for even a small, 25’ yacht."
To handle weights of this magnitude, a barge crane is needed. As long as this equipment is used to place the anchor, one might as well err on the side of excessive weight when placing it.[/quote]
Ultimately a helix style mooring would be best but you would need a professional installer, and this gets expensive.
Here in Falmouth, ME where there are more than 1200 boats in the anchorage we have very, very strict rules, though not yet perfect, as to how moorings will be installed, serviced etc... Start with the town first and if they don't have any advice go with the advice of a town like Scituate, MA, Rockport, MA etc.. for mooring design calcs.
This is but a sampling of our towns rules (this anchorage is soft mud and mushrooms set very well):
Quote - Falmouth, ME Mooring Regulations
"All new or replaced permanent moorings shall comply with the following minimum specifications:
*Each permanent mooring shall consist of a mushroom, granite block or helix, a minimum one-half-inch heavy steel bottom chain attached to a minimum one-half-inch top chain (a single chain is acceptable), mooring buoy and a pendant: polypropelene use is not acceptable. Each mooring must have one (1) top and swivel; all swivels and shackles must be to the appropriate size diameter.
*All mooring blocks shall be constructed of solid granite with steel staples or eye-bolt extending completely through the block. Cement blocks, old engines and other miscellaneous weighted objects are unacceptable as mooring anchors in the harbor.
Recommended mooring guidelines:
Under 15' power/sail 150 lb mushroom
15'--19' power/sail 200 lb mushroom
20'--27' power/sail 250 lb mushroom
28'--30' power/sail 300 lb mushroom
31'--33' power/sail 400 lb mushroom
34'--38' power/sail 500 lb mushroom
39'--45' power/sail 600 lb mushroom
46'--50' power/sail 1000 lb mushroom
51'--56' power/sail 1200 lb mushroom
56'--65' power/sail 1600 lb mushroom
*Winter spars must be used to mark moorings and such spars shall be connected to their moorings with non-floating rope (no wire cable permitted). Winter spars may not be set before September 1 and must be installed by December 31 and removed by June 1 each year. By January 1 all moorings shall have mooring balls exchanged for a winter spar. Winter spars remaining in the water after June 1 shall have their mooring removed by the harbormaster at the expense of the owner and be subject to a fine as specified in the town harbor fee schedule as adopted by the town council and in accordance with subsection 9-105(c) of this article.
*Moorings must be inspected every two (2) years by a qualified mooring inspector. A list of qualified mooring inspectors may be obtained by contacting the harbormaster. The harbormaster has the authority to require any necessary maintenance or replacement of parts or the whole mooring, tackle and/or gear. Inspection forms shall be complete and legible."
Start with the town mooring requirements first and if he met those then one option is to take it up with the town and challenge their requirements. At the very least get on your towns waterfront committee and help make your mooring field SAFER!...
Rhode Island and Kentucky are the two states that feel this figure reflects the claim limit for "Small Claims".
The owner is not "liable" for damage caused by Act of God under any Liability policy I've read. If you can prove faulty mooring or faulty mooring line etc, then you have a case. One of the dangers of going "bare" (liability only) on your own coverage is that you assume the risk of damage in exchange for premium savings. Essentially you are self insuring for the value of your boat. Another example is if the wind blows your neighbors tree onto your car, chances are your neighbors insurance will not cover your car.......
If you intend to pursue the boat owner for compensation, you'll need evidence that the mooring is inadequate or poorly maintained. Given the extensive information provided by Maine Sail, perhaps the prudent course is to hire your own mooring inspector and document the size and condition of the mooring. This is the critical piece of information. If the mooring is oversized and in good condition, you got caught in "stuff happens" situation and there is probably little you can do. On the other hand if the mooring is too small, then you have some grounds to justify your claim.
Good luck, dealing with this stuff is no fun.
I'm surprised at the 1/2 inch bottom chain requirement in Falmouth. Down this way bottom chains are usually 1 inch or 3/4 inch at a minimum. Also is there a requirement on chain length and pendant size and length? Down here the bottom chain is required to be 1x depth of the water and the top chain is usually also 1x. Then the pendants are required to be a certain diameter and a length of 1.5x the water depth. The weight/design of the mooring itself is only one part of the design of the mooring.
I think it is self evident that the mooring was inadequate ( he dragged, you didn't) even if it was in perfect shape. Mainsails piece gives recommended minimums for various boat lengths. A heavier boat would require more holding power.
I've had the misfortune to need small claims court before. When the O.P. lost his case he went crying to his insurer and I had a cheque within the week ( damages plus costs ). As K.G. says " why we buy insurance"
The issue as RickD and others have pointed out is whether or not the owner of the offending boat was negligent in the use and/or maintenance of the mooring; not whether or not the mooring could, or could not, survive an "Act of God" in the absence of negligence.
Another interesting point concerns the inspection. Generally the moorings are sized and licensed by the municipality based on the maximum size of boat which can be moored. The "inspection" is generally disconnected from the mooring registration and boat size on the mooring. For instance, a mooring owner may have a mooring sized for a 35 ft maximum boat and the registration with the municipality is so defined. A diver then inspects the mooring and reports on the condition. However, nothing in this process then prevents the mooring owner from mooring a boat larger than the mooring registration permits. If the mooring owner does that and the mooring drags, it seems there would be some liability.
I know we don't know ALL the details of the accident but as far as I'm concerned if it was just one or two boats that dragged they had inadequate moorings.
Negligence and responsibility are two different things. The mooring didn't hit you, he did. The boat is responsible. If he chooses to recover damages from the mooring owner, that's on him.
Can you file a lean against the boat?
Can you file a lean against the boat?
I agree Thinwater, but in this case the mooring is owned by the other boat owner. The offending boat owner is responsible for the damage his boat causes. It's on him if he wants to go after the municipality or whomever established the mooring requirements.
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