Broken mooring....Do I have to pay?

I would collect more information. I wouldn't pay with a "no-questions-asked" mentality. (Although I would approach the person with sympathy and understanding and a clear willingness to put a smile on everyone's face).

If he is the owner, and you did not have permission to use the mooring, then clearly you should pay any reasonable charges to replace.

However, I would investigate and clarify the following:

#1 Were there also public moorings in the area? Are there local regulations that he should have marked the private mooring?
#2 Was transient/rent money paid to the marina or harbor for mooring use? If so.. then you are off-the-hook. (No pun intended).
#3 Does person truly own the said mooring at the time that it busted, or does he simply pay/rent for the use and acting in behalf of the owner (marina)? If he is paying for use of the mooring, is he responsible for maintenance, or acting on behalf of the owner to collect from you? If he has a contract, then are there any limitations of use while he is away from the mooring? (ie. When slip is empty, marina/harbor can use as transient mooring. If so, and importantly, assuming he is a renter or pays for use of the mooring, does he have the right to assign use while he is away from slip, or does that transfer to marina/harbor?)

I would collect the above information and then:
a. Make sure that replacement costs are reasonable.
b. Make sure that you are dealing with the actual OWNER of the mooring.
c. Do not pay for materials or labor directly. (That should be their responsibility and will limit any future liabilities).

Now... if there are any regulations concerning the proper marking of private moorings, or even any weight limits.... If there are public moorings around that may create confusion with any unmarked private moorings, then it is reasonable that the owner understands and accepts to a certain degree that his might be mistaken for a public mooring.

If he is as reasonable as you, then he should probably accept a small portion of responsibility and if nothing else, to reward you with your honesty to report the incident.

Let us know how it turns out.

Mike
 
This topic has been hacked to death, but there is some vital local knowledge and background that might help some of you re-think your position.

1. There are no rental moorings in Old Harbor on Block Island. The only rental moorings on the island are in Great Salt Pond and these are clearly marked and either orange or green in color, depending on the capacity of the ground tackle.

2. Permits are required to set a private mooring and no private mooring owner has the right to rent out his mooring. Only the permit holders and their designated guests are allowed to use a private mooring.

3. Old Harbor is small. There is basically no room to anchor a 38 foot boat, given the mooring field and the ferry channel and docks. Some small boats do anchor for the day, but overnight anchoring is pretty much out of the question. The rules for the island in general are posted on the Harbor Master's website and prohibit anchoring within 100 feet of the commercial docks, within 50 feet of a private mooring or moored boat, or in navigation channels and fairways. I defy anyone to find a spot to anchor a 38 foot boat in Old Harbor while adhering to these rules.

Based on the two threads about this I would sum up by saying that the OP made a series of bad decisions/mistakes.

1. OP should never have picked Old Harbor as an overnight destination. The Coast Pilot, various commercial cruising guides and the BI Harbor Master's webpage all are pretty clear on this. Great Salt Pond is the only spot for vistiors to moor or anchor.
2. OP picked up a mooring of unknown (to him) capacity or condition. A call on the VHF would have helped him to know that there were no available moorings in Old Harbor and that the one he had his eye on was PRIVATE.
3. OP decided to set an anchor to suppliment the mooring due to weather conditions. This could have actually put additional strain on the mooring's ground tackle, leading to the failure. It is never advisable to set an anchor while attached to a mooring and specifically against regulations at Block Island and every other mooring field I know of.

I understand that given the several bad decsions already made, the OP used the mooring at his own risk. He is ethically obligated to repair or replace what he damaged to a condition as good or better than when he found it.

This really does unmuddy things! He should clearly pay, and probably have an attorney write a receipt that verifies payment and any future liability.
 
I tend to think that if people did the right thing, we wouldn't need attorneys.


The issue is when two people think they are right.... Right VS Right....


Id pay, but in Due Diligence, pay a prorated amount based on the life of the broken unit. Id also make sure he does own it, and didnt just claim ownership. ie, need proof of ownership.

Funny thing is, if it broke and your boat was damaged becuase of the break, he'd have to pay you in most states.... works both ways...
 
Yeah... right....

Believe it or not... this is right! IF it is the owner's responsibility to mark the mooring as private, and if there were other rental/public moorings in the immediate area, then there could be a fairly strong argument against any damage and liability against a boat.

However, according to the posting by "compensation" a couple of posts above, it seems that "rental" moorings are supposed to be marked as such, and there were no rentals in the immediate area..... therefore... time to pay up.

Mike
 
Guys,

I am going to contact my insurance company and see if they will cover the bill. I will let you know what they say.

As for your conclusions about my character, I am personally offended, although, others have been offended here before....I anticipated some charachter bashing, and I got it!

In any case, I do value all of your thoughts and opinions, and I knew going into it, that some of you would attack my character (as has been the recent history of this site).

I asked for your opinions, and I thank you for them....but don't judge my person.

I just was asking for your opinion, and I never indicated that I would not pay.

The funny part is that I have met you all (Sea Ray owners) on the water at various times....and you are all such nice people!
 
Last edited:
Eric

If I appreciate your last post and apologize if I took a shot at your character. Having been the victum of several crimes over the years, I may have a slighty tainted view on things. When I read your original post, I was glad that no one got hurt and that the damage was minimal, but I put myself in the shoes of the owner of the mooring and felt that you should pay to repair it.

He didnt invite you there and apparantly there are published rules about using a mooring.

Good luck on your decision and I hope you choose to do the right thing.

1. There are no rental moorings in Old Harbor on Block Island. The only rental moorings on the island are in Great Salt Pond and these are clearly marked and either orange or green in color, depending on the capacity of the ground tackle.

2. Permits are required to set a private mooring and no private mooring owner has the right to rent out his mooring. Only the permit holders and their designated guests are allowed to use a private mooring.

3. Old Harbor is small. There is basically no room to anchor a 38 foot boat, given the mooring field and the ferry channel and docks. Some small boats do anchor for the day, but overnight anchoring is pretty much out of the question. The rules for the island in general are posted on the Harbor Master's website and prohibit anchoring within 100 feet of the commercial docks, within 50 feet of a private mooring or moored boat, or in navigation channels and fairways. I defy anyone to find a spot to anchor a 38 foot boat in Old Harbor while adhering to these rules.
 
Guys,

I am going to contact my insurance company and see if they will cover the bill. I will let you know what they say.

As for your conclusions about my character, I am personally offended, although, others have been offended here before....I anticipated some charachter bashing, and I got it!

In any case, I do value all of your thoughts and opinions, and I knew going into it, that some of you would attack my character (as has been the recent history of this site).

I asked for your opinions, and I thank you for them....but don't judge my person.

I just was asking for your opinion, and I never indicated that I would not pay.

The funny part is that I have met you all (Sea Ray owners) on the water at various times....and you are all such nice people!
Why not just call the friggin guy and see what you can work out w/ him. You may find out it IS just a shackle failure and he would be happy for you to pay for a shackle and a diver to put it back together. 2 bills max. But you won't know that until you talk w/ him, apologize and admit responsibility. Yes you asked for opinions and have gotten a ton, but, you are not getting the message,and I'm sorry if you take this as too harsh.
Oh, and this situation is not what insurance is for, take it out of your pocket.
That, my fellow boater, is my opinion....
 
I submitted the claim to my insurance company. The claims adjuster indicated that they would cover the cost of replacing the mooring. Since it is a liability claim, the deductible does not apply.
 
Im thinkin if you do turn it in to your ins. co. they r going to pro rate the cost of the unit over its useful life time. i would contact the owner and or harbor master to find out just how old it was. Then find a used unit of the same age and wear find its cost and offer that.
 
I did not break it.....it failed.

I'm of the if you break it you own it crowd. It may have failed under the load of your 380, but it may never have been broken under the owner's 16' Whaler or row boat.

It was a private mooring. You admittedly made a mistake in using it. If you paid the Harbor Master and he assigned you to that ball, then you could point the finger elsewhere. It doesn't seem that you have good justification to point your finger at anyone but yourself. To point it at the owner for improperly maintaining the mooring is just irresponsible.

Call it bad luck or the stupid tax and pay for your mistake. If the owner is willing to negotiate on the price, you will be fortunate. I'm sorry to hear that happened.
 
Just to close the loop on this....I got a call from my insurance company today. They paid the claim and reimbursed the woman for replacement of the mooring ball.
 

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