Boat damage

[TOPAZ]

Hi all,
I used to teach Safe Boating for Coastal Patrol Melbourne, and we instructed all our students that you can be held legally responsible for any damage caused to other vessels etc. by your wake.
Claiming that you were below the posted speed limit is no excuse - some vessels create HUGE wakes at low speeds.
In the Yarra River, the posted speed limit is 5 knots above Westgate Bridge, but the area adjacent to the Marina is signposted NO WAKE ZONE - i.e. slow to a speed BELOW 5 knots so as to create no wake, which might cause damage to moored vessels therein.
BUT, as with all such cases, the onus of proof would be on the complainant to supply sufficient evidence (photos, witness statements etc.) to support their claim for damages.
See a solicitor!


Richard
p.s. I am NOT a lawyer!

[ozscott]

If you want to have a chat to a person who really knows their stuff, see if Bill Corten will have an off the record chat to you - apart from being a commercial skipper with plenty of experience he was the secretary of the old Marine Board for years. If no luck then PM me and I will give you some details of a lawyer in Brisbane who has done marine work for many years, mainly for the insurers.

Cheers

[shandos]

Camo -- I am insured -- you would be crazy not to be -- but just like a car incident they want to know the details - who caused the problem etc -- they are prepared to follow it up if I can supply boat and owner details.

To others who think it may be ok to swamp boats non intentionally or other wise if you happen to be within speed restrictions this is not the case -- if someone had been hurt or killed (and it could have happened ) then the person responsible would be at least be investigated to see if they had acted in a negligent fashion -- no different with property damage.
A wake is a dangerous thing as many of us who have been on the receiving end would testify -- the blatant disregard for others and bad seamanship this guy displayed is difficult to believe.

regards
Shandos

[Ian1]

I think Nelton might be right about it being sold. There is an Able Tasman 2 in Roslyn Bay Marina in Rocky that was recently bought by the present owner. I'm guessing its the same vessel.
Give Keppel Bay Marina a call. They will be able to tell you if its there.

Cheers

Ian

[Noelm]

never said it was OK to swamp boats just because you can do it legally, I was saying that if the boat in question was operating within all legal limits, then I think you do NOT have a case, but in saying that, it would not hurt to chase it up and give the guy some 'stick" so he is more curtious next time.

[ozscott]

For those who think that things are black and white go to http://www.courts.qld.gov.au/siteservices/search.htm

enter "Rigney AND Brown AND Holmes" (ie without the quotation marks) and then click open the only Judgment that shows up - its one of Justice Holmes in the Sup Ct.

Just as a brief summary - a bloke doing 25 knots in a 40knot zone down the Nerang at night in his 6m glass boat hits a tinny without the nav light on who had not moored the tinny safely - tinny operator was held 50% liable for his passenger's injuries from the (inevitable) collision between the 2 boats and the driver of the glass boat was also held 50% liable for the injured fella's damages

When you see that the Plaintiff's damages were assessed just under half a million dollars (and it could have been much higher if he were hurt more badly) you can see that nothing should be taken for granted in the boating world, caution is the key and have good insurance.

Cheers

[shandos]

Noelm -- you are partly right - I checked with a lawyer -- as the person was acting legally they can not be charged with a criminal offense under the criminal code however I do have the right to sue them for damages under common law if they contributed to the damage whether they were acting legally or not.

It is similar to someone walking into your yard at night, tripping over the kids bike left in the drive way and breaking a leg. You have done nothing illegal but they can still sue you for damages if it can be shown you were partly or fully responsible for the damage.

It is a good reason to be fully comprehensively insured with respect to your boat. If a crew member falls when you accelerate and cracks their skull they can sue you for damages -- if they get killed the family can sue.

Anyway I will put the info you guys have given me to the insurance company and hopefully it will be enough for them to follow through.

Thanks again everyone for your advice and help.

Regards
Shandos

[ozscott]

read the decision - its usually about negligence (breach of duty of care in tort), but sometimes an action can be founded on breach of statute (such as the Workplace Health and Safety Act in Qld), but more generally a breach of statute can be used as a particular of the alleged negligence.

Cheers

[Brumby]

[quote=ozscott;657507]For those who think that things are black and white go to http://www.courts.qld.gov.au/siteservices/search.htm

enter "Rigney AND Brown AND Holmes" (ie without the quotation marks) and then click open the only Judgment that shows up - its one of Justice Holmes in the Sup Ct.

Pretty sobering stuff. Probably wouldn't be a bad idea to have a brief outline included in notes for your licence - the general perception is that provided you abide by the speed limits etc you're automatically in the right.

Very pleased it wasn't me having to find 50% of 464,000, not to mention the little issue of costs. I think I might just renew my insurance! Thanks for the reference, ozscott.

[shandos]

Sobering stuff alright Brumby

Regards
Shandos

[Fish Guts]

Shandos,

what sort of mooring were you on ? And who owned the mooring. Id be asking them questions about the capability of the mooring if it was in fact a mooring .

where were you in relation to the channel ?

and how far away were you from the passing boat ?


cheers'

fish guts

[marco]

shandos ,
i would think the following is of interest to you , it is section 19 of that court ruling and note regulation 96 that it refers too.

dont be surprised if the insurance company doesnt want to go the other party as it is not a lot of money involved , they may just hit you for the excess and pay the claim .

Attachment 10014
mark

[shandos]

Thanks Marco
Excellent advice

Regards
Shandos