Anchor deployed accidentally from powerboat at speed

[syc1]

Did you sign a hire agreement?
Did that hire agreement state you were responsible for damage caused to the vessel whilst in your care?
Would the damage in question be covered by the vessels insurance if over the excess?

Obviously I don't know the answers, but seems to me if they are 'yes', you're stuffed!

 

[Likeapossum]

The hire agreement states both that I'm "liable for all damage that occurs to the boat", but it also states that "The boat will be provided to the Charterer in a clean and seaworthy condition". I'm not a lawyer, but it seems to me that the former is/should be predicated on the latter.

I think the insurance would cover more costs, but the excess was 1000 euro, so they didn't have to involve the insurer I think.

 

[simonfraser]

Seeing that twisted chain, recon it is better to have the windlass deck mounted so you can see the developing probs.

 

[PEJ]

Don't waste your time with any kind of legal procedure in Spain - you will lose and it will take years.

Download a complaints form from the regional government here:-

http://www.caib.es/sites/activitats/es/hoja_de_reclamaciones-70198/

By law all businesses are required to have a complaints book - you can fill it in on the premises or download the form, fill it in and send it off.

Threatening to do this might make them re-think the extra charge.

I found this post very interesting so I did a bit more research.

Here is an article that explains it quite well, handy to know this for anyone not happy with a Spanish company

https://www.janetanscombe.com/complaining-about-poor-service

 

[syc1]

The hire agreement states both that I'm "liable for all damage that occurs to the boat", but it also states that "The boat will be provided to the Charterer in a clean and seaworthy condition". I'm not a lawyer, but it seems to me that the former is/should be predicated on the latter.

I think the insurance would cover more costs, but the excess was 1000 euro, so they didn't have to involve the insurer I think.

Just my take, but if that boat with that set up has been in use without a similar problem for any period prior to your hire, in other words by other users in the weeks preceding your hire, then it can be argued the boat and set up is fit for purpose, and that something unusual must have happened during your use to cause the failure, eg hit an unusually large wave. This would not be normal wear and tear, it's accidental damage.

The fact that you feel it would be covered by insurance (if it were expensive enough) reinforces that argument

And unfortunately the hirer is responsible for the costs associated with accidental damage up to te insurance threshold.

With regard to the level of cost, it's not that surprising, I don't have a boat overseas so only have uk experience, but I don't think it would difficult to run up a £1K bill to lift, inspect, electrically isolate, manufacture new skeg, weld skeg on, fair, paint, reconnect electrics, relaunch, test, all on an emergency call out basis as the boat is due on hire again tomorrow morning.

But, it's also not surprising that the cost was just below the insurance threshold where an independent opinion would be required.

 

[prv]

What you see is the very end of the chain right after the incident. We never got that far when anchoring beforehand and the chain I saw then was normal.

In that case I assume the twisting is as a result of the anchor spinning around in the water as it was dragged by the fast-moving boat. Nothing to do with why it was released.

You said the windlass "needed some help" when retrieving - what was happening before you applied that help? Was the motor not turning at all, or the motor turning but the chain not coming in?

Pete

 

[Likeapossum]

You said the windlass "needed some help" when retrieving - what was happening before you applied that help? Was the motor not turning at all, or the motor turning but the chain not coming in?

Pete

The chain was slipping. Didn’t seem to engage with the windlass properly.

 

[petem]

The chain was slipping. Didn’t seem to engage with the windlass properly.

Could the clutch have been loose? On my windlass you need to tighten it with the windlass handle.

 

[wakeup]

Just can,t see other than sideways force how that crab ended up like that with what ? 15/20Kg anchor virtually static .
I,ve fallen a few times 80kg 100 ft Eiger , Matterhorn, + loadsa others and the crabs just stretch - elongate , the gate does not twist open .It carries zero force .Rope stretches too to ease the shock load .

Is your middle name 'lucky' Porto? :encouragement:

 

[Portofino]

Is your middle name 'lucky' Porto? :encouragement:

It was actually “ lucky “ [ insert Christian name ]
Packed up in 92 took up boating :encouragement: —- women can do it

 

[powerskipper]

You were very Lucky.
This is what happens when anchor is deployed at 25 knots , some of those chips are down to matting.

 

[MapisM]

Packed up in 92 took up boating

I gave up climbing earlier, in my mid 20s.
TBH, I'm not missing the fact that I never experienced "loadsa" 100 feet freefalls...!
You must have liked climbing a lot, I guess.
I would have probably considered the first of such occurrences as a wake up call!