MExcelsior
Member
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
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