Liability

T

ted raquet

New Member
Jan 7, 2016
2
St Petersburg, FL
Boat Info
340 Sundancer 2004, Raymarine
Engines
8.1L MerCruiser Horizon V Drive
I recently was aboard my Sundancer 340 and pulled into a marina to ask directions on how to get to the transient slips for a nearby restaurant. While idling I got caught in a strong wind and the current. My boat hit one of the pilings in the marina and the piling snapped off at the water level. The marina is now trying to invoice me at $2300.00 and change. My boat sustained zero damage from this encounter. Has anyone had a similar situation occur to them? Does anyone know if I am liable for this mishap? Please let me know if anyone has any advice.
 
A quality pile should be able to handle a decent boat hit. Now if you slammed into at full throttle that is a different story.

If it was a POS pile I would tell them to forget about me paying for it.
 
Yes you are liable but it sounds like the piling was in very poor condition given the lack of damage to your boat. I would object to being billed to replace a rotted possibly obsolete piling with a new one.
 
Is this a wood pile? If so, $2,300 seems way out of line. I had 7 of them installed last year for under 3k.
 
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Prices differ by location, but on the coast a new 12-15" piling, 20 ft long is $500, installed. Also, I agree with the others, a piling that snaps off at the waterline is rotten.

What to do is your call, but sending them a check for a full release deducting 85% of the $2600 cost for "depreciation on used piling" is reasonable. Asking them for proof that the piling was sound might have merit since the pile setter has already hauled off the remains. Finally, you would lose your no loss credit on your insurance, but if they persist, turn this over to your insurance company and let them do what you are paying the liability coverage for........settle it.
 
I agree with all the above, last winter we had a wind storm that blew down 60' of our 6' high cedar fence we have a total of almost 400' 18 years old. I called my insurance just to see if they would cover any of it, after deducting for age a cedar fence has a 15 year life they wouldn't cover enough to reach our deductible. I ended up replacing all 400' with a new fence.

I explained this because after just calling the insurance company to inquire about my options they opened up a claim that now is in the insurance reporting agency just like a credit report for insurers. I found out when looking at lowering our auto insurance rates even though it was just an inquiry it counts as a claim.

My advise would be to try and work it out with the marina before reporting to your insurance company.
Just my opinion and what happened to me just for asking a question.
 
Out of curiosity how is the marina sending you an "invoice". From the sound of it you were an unknown boat, in an unknown marina. Did you provide information of some sort to the marina? If you did, what exactly did you expect them to use it for? Did the local water po-po or CG show up to take your info? Did you simply motor away and they tracked you down by boat name?

I for one would tell them to go pound sand. The way I see it any piling that snaps based on a light wind blown boat isn't worth you replacing. Aren't pilings meant to be bumped into and/or handle a boat being blown into to from simple current or wind?
 
fwebster said:
Prices differ by location, but on the coast a new 12-15" piling, 20 ft long is $500, installed. Also, I agree with the others, a piling that snaps off at the waterline is rotten.

What to do is your call, but sending them a check for a full release deducting 85% of the $2600 cost for "depreciation on used piling" is reasonable. Asking them for proof that the piling was sound might have merit since the pile setter has already hauled off the remains. Finally, you would lose your no loss credit on your insurance, but if they persist, turn this over to your insurance company and let them do what you are paying the liability coverage for........settle it.
Click to expand...

+1..... I took out a 19-year-old telephone pole with my car as a kid and they are on (I think) a 25-year life cycle.... So they pro-rated and I made payments for 6 months.
 
Reverse it and tell them they owe you a finders fee. What if it snapped while someone's boat was tied off to it? They would be paying.

That would get you nowhere, of course, and is meant slightly as a joke, but is something I would throw at them. Without the finders fee.

Seems a bit steep but ultimately this is where insurance comes in after all the arguing is over.
 
I guess technically you are liable, but it sounds like the piling was on it's last leg anyhow and the marina is trying to get you to replace the rotten piling with a new one. Not sure what they can do if you tell them to pound sand. I would probably try and work something out with them, but not anywhere close to $2300 - especially if I ever planned on going back to that marina. I would think replacing old rotten pilings in a marina is a cost of doing business. We don't have pilings at the lake marinas, but cleats and fender boards get banged up all the time, I've never heard of a marina going after a boater to pay for a repair except when a boat flat out ran into something.
 
For a start I would consider taking pictures of some of the remaining pilings to show their condition. If there's any part of the broken piling above the water take a picture of that too. Also take current pictures of your boat and rub-rail to prove no damage.
 
Seems you saved them from a potential liability issue.
What if you tied to that piling in a substantial wind condition and that piling broke and fell on the boat or someone else's boat?
Anyone should be able to tie or fender on a piling with confidence in a marina.... Bouncing into it should be no different.
 
My insurance company once said about a claim I put in that my boat was under the care and attention of the marina the damage happened. If you were taking directions form the marina I would assume they knew about the strong currents and should have advised you not to go near a pile area. The marina fixed my boat once the insurance company sent their representative to look at the circumstance.
 
If you have an attorny/friend , have them write a letter stating that you are not paying unless the have proof of condition/age weather it was Rotted , and a copy of marina policy and marina liability to keep up the business , those post are to fend off/make safe , for boat/boaters UNKESS THEY CAN SHOW PROVE EVIDENCE THST THE POST WAS SECURED SND WAS YOUR NEGLECT , I would pay a dime
We pulled into a marina was docking and the admiral grabs a dock post and it just fell off at the water line , it was water saturated, and rotting. Marina replaced and apologized for our inconvenience.
THIS MARINA SOUNDS LIKE A REAL WINNER/place I’d rather not be
 
I bet there were several pilings nearby in bad condition and the marina had others replaced while replacing the piling in question. No way it cost them $2300 to replace that piling. Wait for them to file a small claims action.
.
 
hottoddie said:
I bet there were several pilings nearby in bad condition and the marina had others replaced while replacing the piling in question. No way it cost them $2300 to replace that piling. Wait for them to file a small claims action.
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Click to expand...
5 year old thread :)
 
Pirate Lady said:
I know old thread but rather pertinent. On my pier, late summer storm. Not mine, boat, his left front pole broke at water line.
Marina says … come on ready, ready.. sucks that your piling broke! WTF! boat owner says it ain’t my piling. 6 months on still not fixed. Curious come spring what happens.
The poles are falling apart, piers too, as my slip neighbor calls it a floating trailer park. Still, for 1800 a year it’s hard to leave.
Small, family owned, they trying.
Click to expand...

Broke at the water line? Sounds like a cleat and a couple lag bolts will save summer 2022. Perhaps also a buoy to mark it :)
 
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