Hey KSanders...check this out...there is liability for wake damage
http://www.navcen.uscg.gov/?pageName=navRulesFAQ#0.3_10
10. What are the regulations concerning wake effects, wake damage, and responsibility? Regarding one's wake, vessels over 1600 Gross Tons (GT) are specifically required by Title 33 CFR 164.11 to
set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake. Further, there may be State or local laws which specifically address "wake" for the waters in question.
While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property (
46 USC 2302). Nor do the Navigation Rules exonerate any vessel from the consequences of neglect (
Rule 2), which, among other things, could be unsafe speeds (
Rule 6), improper lookout (
Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules.
As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or
State Boating Law Administrator.
The Rules of the Road include the actions to take when encountering another vessel on the water . Some of the most common situations you may encounter are: overtaking, meeting head-on, and crossing the bow of another vessel . In each case, the boat designated as the “give-way” vessel is required to yield to the other boat, while the boat designated as the “stand-on” vessel should maintain its course and speed .
Here is the pertinent section of CFR:
Captains failing to follow best practices and maritime rules and procedures can be held liable for damages under 46 U.S. Code § 2302 — penalties for negligent operations and interfering with safe operation which states:
a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel.
(b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
(c) An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation—
(1) is liable to the United States Government for a civil penalty of not more than $5,000; or
(2) commits a class A misdemeanor.
State laws would probably offer an easier path to a civil suit. Here is an excerpt from NJ law:
§ 13:82-1.7 Speed
(a) No person shall operate a vessel in a manner where the speed and/or wake of the vessel may cause danger or injury to life or limb or damage to property.
(b) All vessels shall reduce speed to slow speed/no wake when passing
NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2010 by the New Jersey Office of Administrative Law
*** THIS FILE INCLUDES ALL REGULATIONS ADOPTED AND PUBLISHED THROUGH THE *** *** NEW JERSEY REGISTER, VOL. 42, NO. 7, APRIL 5, 2010 ***
TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 82. BOATING REGULATIONS
CHAPTER EXPIRATION DATE:
Chapter 82, Boating Regulations, expires on January 4, 2015.
Bottom line...as a master, you are repsonsible for the wake your vessel makes, and the damage that ensues because you could have avoided the situation by slowing down or giving a wider berth. Specifically it is encumbant on the operator to avoid causing damage, casualty or a situation that endangers others.
My sympathies ...... FB
