OCC Forums

Legal advice


By bfuller - 21 Mar 2017

In Feb this year Crazy Diamond was damaged, in Ardfern Marina Scotland, when a pontoon cleat broke and the neighboring boat swung into her in a gale. The marina and their insurers are not willing to accept any responsibility for the damage. Are there any legal wizz kids out there who could advise me on whether I have grounds to sue them.
By simoncurrin - 23 Mar 2017

No legal knowledge I 'm afraid but common sense would suggest that the organisation responsible for the failed hardware should accept liability. Do your insurers have a view?
By Saltwhistle III - 24 Mar 2017

Hi - what does your berthing contract say regarding liability?
By DariaBlackwell - 24 Mar 2017

Our own experience in a similar situation was to turn the claim over to our insurer who then sued the other insurer to recoup their cost, all at no cost or consequence to us.
By bfuller - 31 Mar 2017

Only recently returned to UK and jus have 3rd party. Marinas insurers say it was an "act of God".
By bfuller - 31 Mar 2017

We have 3rd party only. Pontoon manufacturers say cleat was well within its expected life and must have been shock loaded in the gale.
By mervynwheatley - 1 Apr 2017

Amazing! A cleat in a marina being shock loaded in a gale!! Did they expect eternal f4s? Did the cleat break or did it part from the pontoon? That may be significant. Mervyn Wheatley