Liability...... Good Samaritan or just a fool

NYSail

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Jan 6, 2006
3,049
Beneteau 423 Mt. Sinai, NY
so hypothetical. You're walking down the dock and see a boat banging against the dock causing damage during a storm. Not a friend but know nobody else is available to help. Do you pull line in or do you walk away......
 
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SFS

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Aug 18, 2015
2,066
Currently Boatless Okinawa
Tough choice with no one else available.

In a marina, I let the dockmaster know. He is covered by contract language in the docking agreement, whether transient or long-term.

If at my club, I call the fleet captain if I don't personally know the owner.

Elsewhere, well, tough choice in today's litigious society.
 
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Kermit

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Jul 31, 2010
5,657
AquaCat 12.5 17342 Wateree Lake, SC
I had someone retie my H23 when the docklines broke during a storm. I never found out who did it. I regret not being able to thank them. Have you ever heard the parable of the ambivalent Samaritan? I didn't think so.
 
Jan 11, 2014
11,323
Sabre 362 113 Fair Haven, NY
so hypothetical. You're walking down the dock and see a boat banging against the dock causing damage during a storm. Not a friend but know nobody else is available to help. Do you pull line in or do you walk away......
What would you want somebody to do if this was your boat?
 
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Rick D

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Jun 14, 2008
7,132
Hunter Legend 40.5 Shoreline Marina Long Beach CA
I do it. I have been reciprocated. And, yes, there is potential liability. Just do it where there aren't any cameras :yikes:
 

SG

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Feb 11, 2017
1,670
J/Boat J/160 Annapolis
Happens frequently, I'd tie the boat up. I'd then tell the dockmaster (or someone else who's responsible for the marina) so he can watch the guy's boat.

Having said that, if you don't know how to tie the boat (e.g., allowing for tidal range) then it might be a good idea to seek help. Probably 20% of the people with sailboats and 50% of the power boaters have little idea how to really tie a boat.
 
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Kermit

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Jul 31, 2010
5,657
AquaCat 12.5 17342 Wateree Lake, SC
Probably 20% of the people with sailboats and 50% of the power boaters have little idea how to really tie a boat.
I taught my then-10-year-old twin grandchildren how to tie a proper cleat hitch while on my boat. I also told them to tie their father's boat the way he wants it tied. On a related note, I explained to them how fast to approach a dock. Almost a year later I asked them to tell their parents the answer. They quickly yelled, "No faster than you want to hit the dock!" I'm so proud of them.
 
Jul 27, 2011
4,990
Bavaria 38E Alamitos Bay
I might re-tie, but more likely I'd call the marina office and report it. Several months ago I arrived to my boat and found the dock cleat holding the port bow line had pulled from the dock and was hanging by the line into the water. As the port side gets most of the strong wind, the starboard hull was hard up against the fenders, etc. I can tell you that obviously NOBODY re-tied my port bow, and NOBODY called the marina office to report it. So, there's your answer!:frown: (But I still like all of my neighbors!!:biggrin:)
 
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Hafa

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Jan 24, 2017
28
Hunter 40.5 Saipan
Retie. There is no dockmaster, the marina office is empty, there is no club or fleet and the boat owner won't be back in the country until next year.
 
Dec 28, 2010
462
Catalina 380 san pedro
I will retie the line and let the appropriate folks know. but I offer the following story about how this can go wrong. I did have someone go on my boat in a high wind situation when he felt that my Jib sheets were too loose. ( They were tied off in the anchor locker and the furling line was tied off firmly. ) First he called me. I told him I was on my way and not to do anything. BUT NO... He then decided to make it worse by un cleating my furling line which led to the jib flying loose and almost bending my furler. He recruited another clueless individual and they proceeded to tie off the jib using the winches. Somehow in the midst of all this they broke a stantion and a life line. I got to the boat and in the high wind I decided to wait it out. Inspite of the fact this person lived on a sailboat on the same dock, I never, and neither did anyone else, ever see his boat leave the dock. He also never said anything to the dockmaster (who was at the marina office at the time). When I explained what he did wrong he got upset and acted very rude. Oh well, I moved on and fixed everything even if he made no offer to help with the expenses. By the way, the second even more clueless individual makes a point of making sure everyone in the marina knows he is a licensed Captain. ummmmmmm...sure ...right....soooooo what?
 

DougM

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Jul 24, 2005
2,242
Beneteau 323 Manistee, MI
I understand the liability concern since we live in a lawsuit happy society. Sometimes it just makes sense to take your chances. If one of my neighbors' boats loosens up, I would re tie it, and they would do likewise without a second thought. We don't have a dock master. What are the consequences if a boat broke loose completely and either pounded itself to pieces against a seawall and/or a neighboring boat?

What if you could get sued for not securing a loose boat?
This sounds like a good happy hour discussion with or without a couple of lawyers in attendance.
 
Jan 11, 2014
11,323
Sabre 362 113 Fair Haven, NY
Isn't this why we carry damage insurance on our boats? If the boat is damaged in a storm or because someone improperly secured a dock line, the insurance company should pay the claim. The insurance company lawyers will decide whether it is profitable for the company to pursue the samaritan for reimbursement. At $300+ an hour, there would have to be substantial damage and clear liability for the insurance company to spend the attorney fees.
 
Sep 30, 2013
3,538
1988 Catalina 22 North Florida
The point of Jesus' parable about the Good Samaritan (Luke25) was found in the fact that Samaritans and Jews were enemies. Yet while no fellow Jews, not even a priest, would come to the injured man's aid, a Samaritan did. The moral: Give aid to your enemy in his time of need, this is what good people do.

But in today's world, the Good Samaritan would almost certainly have been sued, perhaps prosecuted, even beat up or shot for that matter. We live in a very sick society. I'm not saying I wouldn't render aid to an unattended boat, I would. But I'd be very, very careful about it if there were witnesses or cameras. As was mentioned, the dock master, fleet captain, marina office, even law enforcement would be tried first.

There have been folks sued for giving CPR, for crying out loud. It's madness.
 
Jan 11, 2014
11,323
Sabre 362 113 Fair Haven, NY
There have been folks sued for giving CPR, for crying out loud. It's madness.
In many states there are Good Samaritan laws that protect people who try to help out a sick or injured person.

The principles would be the same for a good samaritan helping to secure a boat, but the legal protection might not be there.
 
Jun 4, 2004
21
Cutter-Rigged Pearson 39 Edgewater, MD
I'd retie the boat and then inform either the dockmaster or marina manager. I would also hope someone did that for my boat if found in a similar situation. I'd much rather risk losing a cleat if tied improperly than the entire boat if just left to flounder....
 
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