Liability?

T

Thompson gunr

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I usually go to several outings a year where boats tie up side by side. No matter how many times I try to stop it there is usually a walking path from one boat to another across the group of boats. Now what happens if a person crossing your boat slips and falls and is injured? Or even worse, what happens if the person grabs a hand rail or other item on your boat and it comes loose and the person is injured? What liability does the BO have when no boarding permission was given? Just curious how many of these things I should go to given the sue happy society we live in these days.. or if I should increase my insurance. Thanks
 
I'll let the laywers truely answer things but here is my two cents. Tieing up with other boats implies there is a likelyhood of people/friends walking on your boat. If that is a concern, then it would be best to talk to each individual and let them know your boat is off limits. Also posting large signs on both sides at the bow and stern should help. The key would to call law enforement each and every time someone crossed over to your boat that did not have written permission.
I would increase your insurance or a better choice would be to anchor away from the other boats.
 
Part of the fun of tie ups is the socializing with other boaters. I don't wan't to lose that. I am just really worried about the risk of injury.
 
I'm willing to bet no matter how you think it should work there's a lawyer out there that can talk the jury into another plan.

An injury, regardless of how bad it gets, will change your attitude depending on how people talk about it and how people line up with each other.
 
Don't you already have substantial boat liability insurance?
 
Years ago, I was rafted up with whole bunch of boats on the Aquapalooza day on the lake, I sat on my swim platform and warn off people whose swim too close to boats and just when I was get up chitchat with others, one lady got too close and got her foot cut by my prop(the drive was tuck all the way in), we got her up and stop her bleeding with my first-aid kit, her husband was apologized for her neglects but she's threatening me with all kind of law suit, they broke off and left the party and I was kicking myself all day for not being there to warn off people, I left the party soon after and haven't do any more Aquapalooza.
 
. . . if you have a loose handrail, perhaps you should tighten it before leaving the dock!!!!

And Yes - you should be inspecting your boat on a periodic basis for: loose railings/cleats, working lighting, tight fittings, loose gear, general cleanliness - whether you raft up or not!! (Gosh, I sound like my old Div CPO!!!!)
 
The trick is if they fall of your boat, shoot htem and then drag them back inside and claim self defense against a break in...
 
I would think the same rules apply that come into play when you invite several people over to your house for BBQ on the patio and consume massive quantities of adult beverages. An injury will or will not result in a liability claim based on the integrity of the injured.
 
quote:
Originally posted by Crossroads

I would think the same rules apply that come into play when you invite several people over to your house for BBQ on the patio and consume massive quantities of adult beverages. An injury will or will not result in a liability claim based on the integrity of the injured.

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My thoughts exactly. The lawyers will give the official answer but I'm sure the liabitliy will have to do with the extent of your negligence (condition of boat) and theirs (drinking, carelss, etc.) as well as the damages, like injury or loss of life. But that's what we all have insurance for. Try to prevent as much as possible by being careful. But that has to be balanced.

No one says, "I don't want to risk my house burning down so I live outdoors under the stars".. They buy insurance and don't leave candles burning while they're gone. Your boat policy should have liability coveage. Then, like me, you could buy an umbrella policy for excess coverage.
 
quote:
Originally posted by Thompson gunr

I usually go to several outings a year where boats tie up side by side. No matter how many times I try to stop it there is usually a walking path from one boat to another across the group of boats. Now what happens if a person crossing your boat slips and falls and is injured? Or even worse, what happens if the person grabs a hand rail or other item on your boat and it comes loose and the person is injured? What liability does the BO have when no boarding permission was given? Just curious how many of these things I should go to given the sue happy society we live in these days.. or if I should increase my insurance. Thanks

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It is a raft up - if you are that nervous, then don't raft up. Otherwise, relax and have fun.
 
Although I don't participate in raft-ups - I do have $1M lib on my boat plus a $2M umbrella. The umbrella only costs me about $160 a year - well worth it IMO. I figure $3m should be enough in case I'm sued. If a judgment is more than that - heaven help me...
 
Not to highjack this thread, but I've been wondering about liability issues should someone get hurt while socializing around your deck portion of the marina. We often have people walking the docks in the evenings enjoying each others company and often stopping for a drink or two to just talk and relax.
If someone were to fall of the dock in the course of one of these social evenings and be injured, who would be liable for the injury? The marina,slip owner where they fell off the dock or the person who fell. Would your boat liability insurance cover such an event?
 
Reading these posts makes me wonder how anyone enjoys themselves anymore. Maintain your possessions, maintain and carry adequate insurance coverage and go enjoy yourself for cryin' out loud!!! Several years ago we were rafted-up, partying late into the night. My wife (who incidently doesn't drink) fell between two boats when crossing over and shattered her shoulder bad enough to require emergency shoulder replacement surgery. No one sued, our own insurance covered the medical bills and she still loves boating and a good raft-up with friends. Life goes on. Chill!
 
Yeah, liability insurance is relatively cheap and easy to get. I have an umbrella policy like wiltoc.

quote:
Originally posted by MikeeH

Reading these posts makes me wonder how anyone enjoys themselves anymore.

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Yeah, quite right Mike!
I remember a raftup a few years back where 3 different people fell off the same platform, all within a couple hours. Fortunately in this case only pride was damaged, but it was apparent that particular platform was a hazard. The offending boat was a newer 32' Donzi cruiser with a factory platform. The ends of the platform were slightly curved down and VERY slippery.
Of course, booze may have contributed to the carnage.....

Were you at that one Mike??? As I recall it was at $1.98 beach.
 
quote:
Originally posted by MikeeH

Reading these posts makes me wonder how anyone enjoys themselves anymore. Maintain your possessions, maintain and carry adequate insurance coverage and go enjoy yourself for cryin' out loud!!! Several years ago we were rafted-up, partying late into the night. My wife (who incidently doesn't drink) fell between two boats when crossing over and shattered her shoulder bad enough to require emergency shoulder replacement surgery. No one sued, our own insurance covered the medical bills and she still loves boating and a good raft-up with friends. Life goes on. Chill!

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+1!!

Last raftup we had damage to our boat.
Somone dumped a fresh picture of Sangria on the salon floor carpet.

Absolutle tragic situation.
 
quote:
Originally posted by OLD HOUSEBOATER

If your that paranoid, don't raft up.

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I agree. What you are concerned about is just part of rafting up.

George
 
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