Boat on the hard-third party liability

[fliti]

Does anyone have any practical experience of the liability position if one's yacht falls over in a professional yard and damages the neighbour? Is there a liability and if so, is it yours, the yard's or both?

 

[Tranona]

Does anyone have any practical experience of the liability position if one's yacht falls over in a professional yard and damages the neighbour? Is there a liability and if so, is it yours, the yard's or both?

Depends entirely on where the fault lies. Could be the boat owner or the yard. You need to know the circumstances of the incident. Most yards insist that boats are insured for third party liabilities when in their yard. They will also have their own insurance against third party claims. Actually makes sense to have full insurance on your own boat as not only can you (or your boat) cause damage, but other boats or the yard can be responsible for damage. Actually determining liability can be a nightmare so better sometimes to claim on your own insurance, particularly if a total loss.

 

[fliti]

Depends entirely on where the fault lies. Could be the boat owner or the yard. You need to know the circumstances of the incident. Most yards insist that boats are insured for third party liabilities when in their yard. They will also have their own insurance against third party claims. Actually makes sense to have full insurance on your own boat as not only can you (or your boat) cause damage, but other boats or the yard can be responsible for damage. Actually determining liability can be a nightmare so better sometimes to claim on your own insurance, particularly if a total loss.

No incident has occurred as yet but the boat is laid up in the hurricane zone and my insurer will not cover for named storms so I would like to know what the position would be were my boat to be knocked over by a hurricane. Not concerned about damage to my boat as much as my liability, if any, for damage inflicted on neighbours. I would have thought that in the absence of clear proof of negligence on my part, this would be an act of God, hence no liability but it would help to know what happens in the real World at such times. Does anyone have any experience of this?

 

[sailaboutvic]

Ask your insurance company may be the best way forward ,

 

[GrahamM376]

If a boat fell on mine, I would be looking for the owner or his insurers to pay out and it would be up to him to prove it was the yard's negligence and in turn claim against them. I think you should be looking around for another insurer unless you have deep pockets.

 

[BobnLesley]

A friends boat was one of those that got trashed in Maria's yard a few years ago when that super-cell hit the bay; as I understood it, everybody was liable for their own boat's damage, but nobody else's, irrespective of who'd hit what, they'd been at the bottom of the heap, so were knocked-down, but had not hit anyone else

 

[fliti]

A friends boat was one of those that got trashed in Maria's yard a few years ago when that super-cell hit the bay; as I understood it, everybody was liable for their own boat's damage, but nobody else's, irrespective of who'd hit what, they'd been at the bottom of the heap, so were knocked-down, but had not hit anyone else

This practical experience is very helpful, thank you. I suspect it may also have quite a lot to do with jurisdiction. As I found out a few years' back, when Cleopatra behaved badly (see this forum), even with legal protection insurance backing me, no-one was interested in pursuing a case for damages through the Greek courts. My insurance made me a decent offer and that was that. Something similar would probably happen in the Caribbean, where we are now. I can't see an insurer wanting to go through the aggro of an island court to get an unenforceable judgement. Or am I missing something?

 

[Chris_Robb]

If a boat fell on mine, I would be looking for the owner or his insurers to pay out and it would be up to him to prove it was the yard's negligence and in turn claim against them. I think you should be looking around for another insurer unless you have deep pockets.

And it would also be your problem to prove that the boat owner that fell on yours was negligent. No claim if not negligent. I cannot see that happening in a hurricane situation!

 

[GrahamM376]

And it would also be your problem to prove that the boat owner that fell on yours was negligent. No claim if not negligent. I cannot see that happening in a hurricane situation!

I was rammed up the boot by a car who was in line behind me minding his own business when he was hit hard by the third car. My claim was against the guy who hit me although he wasn't negligent, he in turn recovered it from the guy who caused the mayhem. Maybe hurricanes are an act of god?

 

[TradewindSailor]

A hurricane may be an act of God, but it's effects in a known hurricane area are predictable. Therefore if a yacht falls over you would have a case against those responsible for supporting that yacht as the damage caused by the fall is not an act of God but of human failing. Those responsible would have to prove that they acted responsibly ..... which would be difficult as that yacht fell over, and probably many others did not.

The first thing I would do in this situation is contract an experienced engineer to determine what actually failed in the supporting system for the boat ...... Was supporting system designed properly, installed properly, and maintained properly.

You would still have to prove negligence which is not straight forward, and you may not be dealt a fair hand ....... but that is the fun and games of making a claim.

I am not a lawyer .....