What do you think? Ran aground on advice from charter comp.

[Mergatroid]

Looking for input.

Local captian charters me his boat bareboat. I file my float plan with him 3 weeks prior to sailing, we also discuss it the day I leave and he gives the OK. First day out on a two day charter, I run aground in the pass he approved. Pass is closed, boat drafts 5.5 ft, pass is now 3 ft deep. Tow costs $700. According to locals it silted up about a month ago.

1. How much of this is my fault?

2. How much of this is his fault?

Any ideas would be helpful.

 

[Peggie Hall HeadMistress]

Hate to break it to you, but it's 100% your fault

He wasn't skippering the boat, you were...and it's up to the skipper to stay out of trouble. Depth finder should have told you the bottom was was rising in time to change course before you ran aground hard enough to need a tow.

 

[Don S/V ILLusion]

Re: What do you think? Ran aground on advice from charter c

"according to locals" never trumps the vessel Captain's responsibility.

 

[Mergatroid]

Re: What do you think? Ran aground on advice from charter c

Boat did not have working depth gage. And I get that I was the final authority, but does the local captian, have any liability at all?

 

[Don S/V ILLusion]

Boat did not have working depth gage. And I get that I was the final authority, but does the local captian, have any liability at all?

for allowing you to run it aground?

 

[RichH]

Re: What do you think? Ran aground on advice from charter c

100% your fault. If you rented an automobile without a steering wheel and then had an accident, or rented an automobile without a working speedo and then got a speeding ticket ... whose responsibility or fault would it be?

You, not the person you rented from, are totally at fault because you were not 'reasonably prudent' and by maritime law YOU 'as the current 'captain' (person in charge of the safe operation of the vessel) are the responsible person.

sorry

 

[KD3PC]

Re: What do you think? Ran aground on advice from charter c

you own it, no one else...

chalk it up to "I joined the ran aground club while on charter" where you used to be a member of the "I have never run aground" club

IMHO, if you do much sailing, it will not be the last time you drag bottom..

 

[Mergatroid]

Re: What do you think? Ran aground on advice from charter c

Thanks all, as an aside, the charter company did reduce my rental rate by $100 to help with the tow bill, so they did feel a little remorse at directing me into an impassable pass.

 

[Tim R.]

Re: What do you think? Ran aground on advice from charter c

Captain's fault. Could have been a new submerged wreck that happened 12 hours before you got there.

 

[higgs]

Re: What do you think? Ran aground on advice from charter c

I will disagree with with everyone. It was the renters responsibility to have working instruments on the boat yet he let you go out w/o a depth sounder. Local knowledge is a valuable commodity and he gave you his take on things when he let you go out. He was wrong. he has some responsibility. I would say this is a 50/50 deal.

 

[higgs]

Re: What do you think? Ran aground on advice from charter c

Further thought - it is the renters fault totally. He sent you out w/o a depth sounder and said "Sure you can get in there - no problem" Why shouldn't you have believed him? His fault for sending you out with a broken boat and his fault for saying you could get in there with his broken boat.

 

[Don S/V ILLusion]

I will disagree with with everyone. It was the renters responsibility to have working instruments on the boat yet he let you go out w/o a depth sounder. Local knowledge is a valuable commodity and he gave you his take on things when he let you go out. He was wrong. he has some responsibility. I would say this is a 50/50 deal.

I still believe there is a difference between giving bad advice to a Captain and a Captain who takes it.
Also, what requirement(s) dictate the renter's responsibility to have a working depth sounder?

 

[Gudenuph]

Re: What do you think? Ran aground on advice from charter c

I hate to say it but I think it's all the captain-of-the-boat's fault. It's up to him to know the limitations of his craft and act accordingly. As far as a depth sounder is concerned, even a wrench tied to some small stuff will give one a sounding.
Sorry about your tough day, been there done that.
Geohan

 

[higgs]

Re: What do you think? Ran aground on advice from charter c

It is different when chartering. If the chater company says "Take the boat w/o a depth sounder AND you can get into such and such Harbor" They bear responsibility. When we charter we rely heavily on the local knowledge given to us from those we charter from.

 

[Scott B]

Re: What do you think? Ran aground on advice from charter c

I don't see where it's your fault. You would have no way of knowing a previously navigable pass had recentl'y silted up, nor could you see that while going through that area. It's up to the "local Captain" that owns the boat to keep up with changes in the area and pass those along. I would not expect a person chartering a boat to check for "Notice to Mariners" in a foriegn land.

 

[Peggie Hall HeadMistress]

Today, everything is somebody else's fault!

You rent a car...you drive it off a collapsed bridge....by your logic, that somehow becomes the car rental agency's fault.

You buy a knife...it's sharp...you cut yourself. It's the knife mfr's fault...they didn't warn you that their knives are sharp...

You buy a cup of coffee at the McDonalds drive thru...put it between your legs...it spills and scalds your leg. It's McDonald's fault...that you didn't have a cup holder...

You charter a boat...you steer a course through a closed silted pass and go aground. That's EVERYbody's fault EXCEPT yours!

"I would not expect a person chartering a boat to check for "Notice to Mariners" in a foriegn land."

I would...and so would every other responsible mariner. Oh...I forgot..."responsible mariner" is now an obsolete term.

Sheesh!

 

[higgs]

Re: What do you think? Ran aground on advice from charter c

Peggy - have you chartered?

 

[zeehag]

Re: What do you think? Ran aground on advice from charter c

is why gods made lead lines. sorry. is best to take responsibility for your actions--they are your actions. someone tells ye jump off a cliff, you wont die--ye gonna believe him??
you go somewhere--you learn the area. you use something for depth sounding.

 

[Ross]

Re: What do you think? Ran aground on advice from charter c

Higgs, if you borrow my car, my tools or my boat I expect you to know how to use them if you borrow my wife she will know how to take care of her self. If you damage my things I will be angry, if you damage my wife, she will kill you. When you borrow the responsibility is entirely yours. That is why they sell insurance.

 

[Peggie Hall HeadMistress]

Yes...I have

Peggy - have you chartered?

Scott...what if you were in your own boat and a transient in those waters...whose fault would it be if you ran aground because the charts weren't up to minute? Would you blame the chart publisher?

Why do you think "notices to mariners" are published every day...for locals who already know what's in 'em because they have local knowledge??