petery
New member
This post appeared on a legal newsgroup and there were no clear conclusions reached.
Any thoughts on this forum?
"
In the sailing newsgroup there has been a long-running debate over an
assault by a boat owner upon a marine insurance assessor. Although the
circumstances of the assault are of some small interest it's not that
aspect that interests me. Several commentators have stated that there
can be no legitimate reason for a anyone other than the owner to touch a
boat, and in particular that if any person interferes with the mooring
warps for a boat or steps aboard the boat without permission it is a fit
excuse for the owner to emply physical violence to remove the intruder.
Some commentators have gone further and have stated that if anyone
touches the mooring warps they are thereafter responsible for the hull
of the vessel.
These statements each and all appear to me to be bunkum. Surely there
are perfectly legitimate reasons for someone to step aboar a boat,
including but not limited to inspections by boatyard staff, or by other
boatowners whose own boat may be affected by the vessel in question.
The question of the mooring warps also interests me, can it really be
true that if someone sees a boat in danger of either floating free from
its mooring or of being left hanging from the dockside by its mooring
warps if the tide falls that they should take no action at all if the
owner cannot be found?
"
Any thoughts on this forum?
"
In the sailing newsgroup there has been a long-running debate over an
assault by a boat owner upon a marine insurance assessor. Although the
circumstances of the assault are of some small interest it's not that
aspect that interests me. Several commentators have stated that there
can be no legitimate reason for a anyone other than the owner to touch a
boat, and in particular that if any person interferes with the mooring
warps for a boat or steps aboard the boat without permission it is a fit
excuse for the owner to emply physical violence to remove the intruder.
Some commentators have gone further and have stated that if anyone
touches the mooring warps they are thereafter responsible for the hull
of the vessel.
These statements each and all appear to me to be bunkum. Surely there
are perfectly legitimate reasons for someone to step aboar a boat,
including but not limited to inspections by boatyard staff, or by other
boatowners whose own boat may be affected by the vessel in question.
The question of the mooring warps also interests me, can it really be
true that if someone sees a boat in danger of either floating free from
its mooring or of being left hanging from the dockside by its mooring
warps if the tide falls that they should take no action at all if the
owner cannot be found?
"