Thread: Towing lien
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Old 08-24-2016, 11:03 AM   #58
Ski in NC
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City: Wilmington, NC
Vessel Name: Louisa
Vessel Model: Custom Built 38
Join Date: Jan 2014
Posts: 6,194
Non lawyer here, but have been around a bunch of marine salvage cases. As I understand it, to claim salvage, there must be a peril.

If you have water in your bilge, and the pump does not work, but no further water is entering, there is no peril and thus no salvage. Otherwise any mechanic that fixes a failed pump could make such a claim. Does not matter if there is 100gal in bilge, or three ounces.

If the water is flooding in, TB puts pumps in and prevents a sinking, that is a salvage.

Whenever dealing with a potential salvage, try to get an agreement on the spot what the fee will be for the service. I did this with a slip tenant whose sailboat was blown up in the surf line on the beach. I run over on a skiff and TB and BUS were both there, not connected. Boat owner was freaking out and unable to negotiate. I acted as his agent. I skiff'd over to the two tow boats and a little bidding war ensued. Final bid was $1300, which I thought was fair. I told the winning bidder to proceed with getting the boat off the beach, and owner concurred on the radio. Boat was pulled off with no damage beyond a little rash. Owner paid the tow boat the agreed fee and no salvage claims were made, as far as I know.
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