Storm damage in marina - does the marina have any liability?

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Ric

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I've just received news that my boat has been nastily damaged while at its berth in France. Apparently, there was a very bad storm with surge, at a time of high tide which caused the transom of my boat to smash against the pontoon.

I have fully comprehensive insurance with Pantaenius so I will not be too badly out of pocket (except for the excess). But I am wondering whether the marina has any liability in this instance? The only way that the transom of my boat could have touched the pontoon is if the chain to which my bowline is attached had moved. There are apparently a lot of other boats damaged in the marina. I suspect the marina will not accept any responsibility, but I wonder if anybody has other experience?
 
Good luck with that! I berth bows to in Empuriabrava and one particularly bad Tramontana session a few years ago saw the bow hit the dock. Luckily, the anchor took the brunt of the damage with some minor cracking to the paintwork. Now, when I leave, I make sure the mooring lines, 20mm nylon are adjusted to suit with rubber snubbers and I have a huge ball fender on the bow just in case.

No "slime lines" in my case, we have mooring posts at the stern.
 
you might be interested in the storm that hit La Rochelle.... I had minor damage and my insurance paid up without my loosing my no claims as it was not my fault - we got off the boat the previous evening as clearly it was going to be horrid the next day and went home!!! Our pontoon was destroyed

http://www.michaelbriant.com/storm_la_rochelle.htm

Michael
 
We had a guy in the marina here some years ago who was moored against the concrete wall during bad weather (that's why he'd come in). On leaving he tried to claim the cost of four damaged fenders from the marina. They pointed him to the clause in the contract which said that "the owner alone is responsible for the safe mooring of the vessel". I'd have thought that was pretty commonplace?
 
My last boat had the top sides scratched quite badly by it trying to ride up the pontoon during a blow. I was contacted by the marina manager with the bad news. Don't worry, he said, we'll repair it while she's on the hard over winter.
 
I would have thought it was the owners responsibility to ensure that his boat was moored up adequately for any eventuality? The marina usually only supplies the facility ie the berth and mooring tackle (cleats etc ). If the berth or its mooring attachments fail for some reason, I would think they are responsible for those and any damage incurred because of the failure, but the rest is down to you. They would also have a duty of care with regards for walkways etc, but I would have thought it was only with regards to people traffic and public pedestrian safety?
I don't have any personal experience with Marina's as my berth is a Council run facility, so not sure if they are legally bound to look after your boat to that degree, but would imagine it's down to the owner.

Hope all goes well with any claim.

Philip
 
Ric said:
I have fully comprehensive insurance with Pantaenius so I will not be too badly out of pocket (except for the excess). I suspect the marina will not accept any responsibility, but I wonder if anybody has other experience?
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Do you have Marina Benefits? I suffered a theft in the Marina which the insurance paid out for without loss of NCB. I would assume that this would be the same???

EDIT Doh. Just re read the post - I can't actually remember if they deducted any excess.
 
As the seasons pass, year after year, certain things happen. Flowers appear, lambs are born, leaves turn brown, snows fall and, at some point, a whole bunch of boats get smashed up in a storm at Rhu Marina. 'Tis how the world works; mere mortals cannot prevent it. I believe that Rhu normally pays for the repairs. Might be different in France, of course.
 
Pantaenius have told me that they will cover the damage in full and that, in their experience, marinas never cough up so not worth arguing with the marina. So ten out of ten for Pantaenius - but I do believe that marinas should accept some responsibility for storm surge damage on their own insurance when, as in this case, the damage was caused by the inadequacy of their mooring facilities.
 
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Its not the marina's fault the weather was bad so why blame them unless their facilities failed and this is what caused the damage.

Its exactly the same argument for trying to sue the highways authority if you skid on an icy road which they have not yet gritted. Its up to you to drive according to the conditions and claim on your insurance if you don't.

Some people are fortunate that insurers don't investigate these type of weather related incidents more closely or policyholders may find that they are the author of their own doom.
 
ianj99 said:
Its not the marina's fault the weather was bad so why blame them unless their facilities failed and this is what caused the damage.

Its exactly the same argument for trying to sue the highways authority if you skid on an icy road which they have not yet gritted. Its up to you to drive according to the conditions and claim on your insurance if you don't.

Some people are fortunate that insurers don't investigate these type of weather related incidents more closely or policyholders may find that they are the author of their own doom.
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Their facilities did fail. And as it is a private marina, I do think that they should have a responsibility to provide shelter for berth holders that is adequate for the likely weather conditions, and that they should have insurance to cover damage to owners if their yachts are damaged by failure of their facilities.
 
In what way did their facilities fail? Did the mooring cleats pull out of the pontoons/fingers? Did the finger detatch? Did they moor it up using their ropes? Do you have evidence for any of the above or some other failure?

The best they could probably have done was to try and adjust the mooring but that in itself could be dangerous depending on conditions and made things worse and then they would potentially become liable.

I am sure they will argue your boat was insufficiently secured by yourself to face the conditions. I think this is one of those unfortunate things that happens despite reasonable care on both sides where unusual conditions have created a problem.
 
Having seen many many boat owners idea of what constitutes a sound method of mooring their boat, I can't see any sensible commercial marina operator expecting to take on the cost liability for a passing storm. If one does this then more fool them.

If their equipment fails then that is different, but pontoons float on the water, if the water moves the pontoon wil move with it.

What about damage to the marina's pontoons, etc by badly moored boats. I am sure if they levied fees to the boat owners they would get a right ragging on here.

Sorry but seems to me to be a classic example of folk thinking they have a right to compensation because they had a bad nights sleep !

If I were a Marina operator reading this I would be reviewing my terms first thing tomorrow morning.
 
neilf39 said:
Having seen many many boat owners idea of what constitutes a sound method of mooring their boat, I can't see any sensible commercial marina operator expecting to take on the cost liability for a passing storm. If one does this then more fool them.

If their equipment fails then that is different, but pontoons float on the water, if the water moves the pontoon wil move with it.

What about damage to the marina's pontoons, etc by badly moored boats. I am sure if they levied fees to the boat owners they would get a right ragging on here.

Sorry but seems to me to be a classic example of folk thinking they have a right to compensation because they had a bad nights sleep !

If I were a Marina operator reading this I would be reviewing my terms first thing tomorrow morning.
Read more at http://www.ybw.com/forums/showthrea...-have-any-liability/page2#Maulxuh4cDg0kzGw.99
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As I have said at least twice in the thread, their mooring chain (to which their pendille was attached) moved, allowing my boat (and many others along the fixed pontoon) to hit the pontoon. My own stern mooring lines did not fail.

Also (since you appear not to be an attentive reader) I am not arguing for "compensation". My own insurance (Pantaenius) are paying in full for the damage. It strikes me as unfair that Pantaenius are having to pay for this, when in my view the marina's insurance underwriter should take responsibility.
 
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