Liability while Moored ?
 

This past weekend I was moored at a Restaurant that provides moorings and a water taxi for transport back and fourth.The water taxi struck my boat while returning and caused damage to the port side from the stern to mid ship.
The restaurants position is that they have no liability. I filed a report with the State Police Marine Division and they are investigating it.I thought a captain is responsible for any damage he causes to another boat. Any comments or similar experiences?
Thanks

Re: Liability while Moored ?
 

Get a police report, or governing authorties, Document it and get the Identification # of the boat, also the captain driving.

The resturant may not be liable, but the owner of that boat will be, and if not him the captain/drive can be sued. If your lucky the resturant owns the boat and will be easy.

SORRY, I WOULD BE SO PISSED OFF :rolleyes:

WILL

Re: Liability while Moored ?
 

Will,
Thanks for your input. The State Police are investigating and should provide in their report who owns the Vessel and who was the captain.I HATE law suits and hopefully they will change there position when the Police show up on their door.

Re: Liability while Moored ?
 

The operator of the vessel must fill out an accident report within 10 days if the damages exceed $500.00 to the reporting authority in the state where the accident occurred. It's 48 hours if a person dies or needs medical attention beyond first aid. Coast Guard # is 800-368-5647 for more help. Thanks Sam S. for the USCG Aux. Safety Course. I like this new forum. Michael

Re: Liability while Moored ?
 

I would be SO pissed. The Capt would be needing medical insurance as well...... :evilb:

Re: Liability while Moored ?
 

jim sorry to hear about this i was just on your boat 12 weeks ago and it is one of the nicest paint jobs out there sorry talk to you soon joe :mad:

Re: Liability while Moored ?
 

I bet the operator will say he just scratched it and it didn't look like 500.00 damage. what the Taxi operator don't know is it costs big dollars for paint repair of that caliber.

Re: Liability while Moored ?
 

If I was on the water taxi and it happened, the driver would not have left without filing a report. I would be soooo pissed.

Re: Liability while Moored ?
 

jim what is the outcome joe

Re: Liability while Moored ?
 

Sounds like the Waters Edge to me. If it is, I would imagine they own the water taxi. They normally have kids running the taxi and should be responsible for their employee's accidents.

Re: Liability while Moored ?
 

You can post all the "not liable" notices you want on your car washes, backs-of-trucks, etc. It doesn't immunize you from liability.

Re: Liability while Moored ?
 

Bell,

I would assume this is a commercial vessel with a COI. The reporting requirements for commercial boats are different, meaning if the damge is less than 25K they are not required to report it to the CG. However iwould follow-up with the Local Officer In Charge or Marine Inspection and speak to an investigator. If you need anything else or have specific ?? let me know.

Re: Liability while Moored ?
 

Thanks for the correction, i got my info from the USCG Aux Course I took. I continue to learn from this website every day. Michael

Re: Liability while Moored ?
 

Thanks for all the input. I'm waiting for the NJSP report to find out who the owner and captain of the vessel is . Once I find out, I'll make one more attempt to settle this with the responsible parties. Hopefully they will have a change of hart or I will be suing them in court.
Yes Bruce ,it was at the Waters Edge in Bayville.

I finally had my day in court. I actually never made it in front of the judge for trail,it was settled in mediation .durring the process the defendents attorney made a comment that his client was correct with what he said about performance powerboaters and I replied " what, that we spend a lot of money at his bar/restaurant" and he said no , he doesn't care about the type of obnoxius people that own performance powerboats and he doesn't want you there.
Well with that being said I will spend my money at other places and the mediator told the attorney he was out of line and he appologized for his outburst

You must be talking about the Water's Edge, the day of the photo shoot. I remember that their were a few boats that got damaged that day by the mooring boat. Did the owner of the resturant/bar ever show in court? I heard he's a real A$$hole. He or his lawyer have some nerve calling us obnoxious, we practically keep that place in business with the money we drop their. We should all stop going there and see what he thinks as his pocket thins out.

He never showed up , only his lawyer and what is the saying ..you surround yourself with like people,I guess the fish stinks from the head.A guy who use too work for him told me a lot of shizzz !

Obnoxiuos ?
 

Screw the arrogant *****,let him see how the cheap sailboaters spend money one dime at a time.:drink: :drink:

lets start a boycott :drink:

The Waters Edge is a "family" owned business (wink). The front man has no business passing judgement on anyone.

i'm with ya !!

well thats one less place i'll be going ...and i will absolutely spread the wordto the 20 or so local friends of mine to do the same...im sure they will LOVE to hear that we're not welcome. boy is there bar ring going to suffer this season.

And not all of our friends have the "obnoxious" boats. I've shown up there in everything from a bayliner to a big sea ray express to perf boats. Always a big tab and tip the hell out of the dock boys and wait staff. Funny but I never really liked it all that much! I won't miss it at all. :drink:

sounds like need for a twin arinson roostered fly by.... and a good old fassioned hosing of the docks by a dry sump 6...

We should have a raft up in front of the place and just tell the water taxi where not ready to come in yet.

I know we should pull a Tony Soprano and bring big speakers and blast them out all day and night with music and speeches about we are performance boaters and were obnoxious :D

The owner of The Waters Edge sent an indemnifacation agreement that he wants signed if I want to continue to be a customer .I guess he really thinks I would want to go back there !

Well that in itself is an admission of responsibility. He wants you to sign it so as not to be responsible for "your" boat, by doing so he is saying he will be responsible for everyone else but "you"...what a knob.

Glad it worked out for you, sad you had to go to mediation(?) some people just won't accept responcibility until a court makes them.:drink:

WILL

So how much damage did your boat sustain? I think I would have this published in an editorial if I were you. Just remeber not to slander and speak only of facts..........some people are just born azzholes.

Paint damage, The estimate from Outerlimits last year was $4.500.
CORRECTION OF MY LAST POST, The letter stated:
" Enslosed please find our check in the amount of $4,500 on the above matters. If your clients wish to be customers of Martell's Waters Edge, you will have to send us an indemnification agreement "
Trust me I didn't want this to go this way but when I called last year after the incident, I was told by the manager that mooring is at you own risk including use of the water taxi.

I knew it was the Waters Edge as soon as I read this post, they have accidents there all the time.
Sy, that was so funny what you said about those tight ass sailboaters and their spending habits.
Oh yeah, and they are so "high class". What a joke!
Re

8months :( gald it worked out

What a bunch of bull$%it:mad: Yea lets try this say you pull up in your boat and slam his dock and damage it,is it dock me at your own risk? Or lets say you hit his building with your car. I am sure he will not try to hold YOU liable for the damages:rolleyes: This guy sounds like cocker roach!:mad:

Jimmy, why don't you and your friends go to Trumps Marina?
They have courtesy slips, food, drinks, and outdoor band after 2PM.
From Brick to AC, it's approx. an hour one way, (if you cut the "flats" and skip the no wake zone in LBI).
Do not park in the front though, get a courtesy slip!
Dave and I made that mistake with our first boat.
We parked in the front and went inside for lunch.
We came back to a missing fender and a big scratch on the side of our boat.
It seems that one of the "boat boys" moved our boat so a yacht could get out and did not secure the fender properly.
Bottom line, they refused to pay for the damage.
Re

Jimmy, why don't you and your friends go to Trumps Marina?
They have courtesy slips, food, drinks, and outdoor band after 2PM.
From Brick to AC, it's approx. an hour one way, (if you cut the "flats" and skip the no wake zone in LBI).
Do not park in the front though, get a courtesy slip!
Dave and I made that mistake with our first boat.
We parked in the front and went inside for lunch.
We came back to a missing fender and a big scratch on the side of our boat.
It seems that one of the "boat boys" moved our boat so a yacht could get out and did not secure the fender properly.
Bottom line, they refused to pay for the damage.
Re