Mooring lawsuit?

[adornato]

I have a mooring ball in deep water in front of our property in Maine. I received a form letter from the company that sets my mooring ball in the spring and pulls it out in the winter that says I should check with my insurance company to be sure that I am insured : " Each owner, either together or individually, has adequate insurance to insure against all hazards, claims, damages, and
liabilities of any kind related to their use or misuse of your mooring/s;"

Although I can envision claims, anyone have any experience with an actual mooring ball claim? Which, if any, of my 10 different insurance policies (home, boat, umbrella, business, malpractice, etc etc) would insure my mooring ball?

Should I put a decal on my mooring ball that states that it is private and unavailable for use at your own risk. It has my name on it.

 

[hmason]

I would label it “Not a Secure Mooring Do Not Use.” Ha ha.

 

[Benthic2]

I suspect they are just concerned about you ( or your neighbor )
suing them if your boat breaks loose and takes out your neighbor's dock or dumps 100 gal of diesel on their beach. Their lawyer probably said send a form letter to all your clients to cya.

 

[Shrew]

I would absolutely have "Private" on the mooring ball. I'd also consider putting either my name or my vessel name on the mooring. I'd probably use my name, since the vessel might change.

The only insurance you listed which might stand to cover some sort of liability would be umbrella. I would think your boat would be covered by its own insurance. I would think the only risk is if you rent it or allow transients.

 

[Comodave]

I agree that it is likely a CYA letter on their part. But I would absolutely label the mooring ball as private and no outside mooring, or something to that effect.

 

[Seevee]

What position does the company that sets the ball and retrieves it in the fall? Is that a service you pay for? So what liability to have?


Who owns the ball?



Seems like a bunch of BS.

 

[SoWhat]

and of course the insurance co. will want certification that it was installed in accordance with the standards published by the US Mooring Ball Association....

best way to keep transients off your mooring is to hookup a remote wifi speaker that will play Baby Shark 24 hrs a day, along with a stenciled "1000 lb capacity"

 

[BruceK]

In Australia boat insurance usually requires servicing a mooring, lifting examining and repairing the whole apparatus, annually.So does the Maritime Authority which licenses installing the mooring. But that`s for the insured boat`s safety.
Picking up an "OPM"(Other Peoples Mooring) is fraught with risk. You`ve no idea of condition or capacity, and there`s the irate owner who arrives as you settle down with a drink.
"Do Not Use this Mooring" signs etc might help with liability, but could suffer the fate of "exclusion of liability" clauses.

 

[rwidman]

If you want insurance on your mooring ball, ask your insurance agent. He or she will know how to do it.

 

[rgano]

I was thinking about any liability which might apply if some fool ran afoul of your buoy, say, as in a night passage through your neighborhood or even an unobservant jet skier flying through. More their fault than yours, but you know American litigation......

 

[RT Firefly]

Greetings,
Post #7 nails it! Well done Mr. SW.

 

[BandB]

Whether your land or dock or mooring ball you need liability coverage. You can likely add minimal to an existing policy and then get your umbrella to cover major.

Trespassers successfully sue homeowners, landowners, dock owners, and mooring owners regularly. You don't hear about it with mooring balls as fewer of them and fewer incidents. The boat owner who uses your mooring ball and has his boat well insured likely won't sue you but the one with no insurance on his boat will look for anyone he can go after to pay for his own choice.

 

[mvweebles]

Whether your land or dock or mooring ball you need liability coverage. You can likely add minimal to an existing policy and then get your umbrella to cover major.

Trespassers successfully sue homeowners, landowners, dock owners, and mooring owners regularly. You don't hear about it with mooring balls as fewer of them and fewer incidents. The boat owner who uses your mooring ball and has his boat well insured likely won't sue you but the one with no insurance on his boat will look for anyone he can go after to pay for his own choice.

I had a swimming pool built several years ago. If I recall, there is a concept in tort/civil law called "Attractive Nuisance." It mostly applies to landowner liability for foreseeable injury to children too young to understand the danger, but I'd guess there are legal corrolaries that apply to bone-headed adults who are injured.

If the OP tracks-down insurance coverage, would be interested in knowing the outcome. Homeowners insurance supposedly covers injury on property such as someone slipping on your sidewalk. A quick call to your agent would be advised.

Good luck -

Peter

 

[skyhawk]

I know nothing about it....but seems to me that it would primarily be about your boat and your boat insurance...... seems like they just don't want to be held liable if your boat breaks away or the mooring fails.

 

[Seevee]

Seems like in most liability claims, the lawyers look at the insurance companies for their profits first.



However, negligence must be proven to have an award... often pretty hard to do.


And there are ways to protect one's assets (Florida is a good state for that).


And there's an argument to be broke... with all your toys mortgaged. Then you have nothing to worry about.


The mooring ball seems so petty. If that's a REAL issue then any boat that broke loose from any anchorage will be suing the anchor and chain and windlass makers, and probably the weatherman for the wind and who knows who else.



I could argue strongly for tort reform and penalizing frivolous law suits.

 

[BandB]

I had a swimming pool built several years ago. If I recall, there is a concept in tort/civil law called "Attractive Nuisance." It mostly applies to landowner liability for foreseeable injury to children too young to understand the danger, but I'd guess there are legal corrolaries that apply to bone-headed adults who are injured.

If the OP tracks-down insurance coverage, would be interested in knowing the outcome. Homeowners insurance supposedly covers injury on property such as someone slipping on your sidewalk. A quick call to your agent would be advised.

Good luck -

Peter

And to complicate matters, those laws vary in every state. Then add them all to a mooring and toss in "act of God". During hurricanes we get all sorts of who done what to who cases. Anchored boat breaks free. Hits other boat and dock. Boat and dock break free and hit others.

So what if boat without permission uses mooring ball and breaks free and destroys two other boats?

Oh and a point to not overlook. Trespassing laws. They also vary widely, but generally it is not trespassing if not properly posted and posting laws vary widely. it may be breaking and entering. It may be some form of unlawful use.

Oh and just to show that in general trespassing you may be liable for injury to the trespasser, Florida has a section just to protect the agricultural landowner:

810.125 Injury to certain trespassers on agricultural land; recovery limited.—A person or organization owning, controlling, or possessing an interest in agricultural real property, or an agent of such person or organization, shall not be held liable for negligence related to such property that results in the death of, injury to, or damage to a person who has engaged or is engaging in conduct on the property that is unlawful under either s. 810.10 or s. 810.115 or unlawful trespassing by such person incident to such conduct on the property.​

Note that even there it must be properly posted (810.10).

And why is that only for agricultural land?

 

[BandB]

I could argue strongly for tort reform and penalizing frivolous law suits.

That I would definitely agree with you on and it's not just individuals filing frivolous suits but businesses as well. Patent and trademark suits. There was a suit over the size and placement of a label on a shirt pocket that went on for years between Levi Strauss and Wrangler.

I love Levi's suit against Guangzhou Lifeng Textile Company. It was filed, they won, appealed, they won again. It was over a pocket clearly in violation. They won, in US dollars, $4,692.

Then there was when Blockbuster basically put Buster Block's Pizza in Hollywood, FL out of business. They were willing to change their name, although most didn't see it as an infringement, but they couldn't afford to defend the suit or pay what was demanded.

We often hear people ask, "Could I be sued" and pretty much the answer is you can be at any time for nearly anything.

 

[Alaskaflyer]

And to complicate matters, those laws vary in every state. Then add them all to a mooring and toss in "act of God". During hurricanes we get all sorts of who done what to who cases. Anchored boat breaks free. Hits other boat and dock. Boat and dock break free and hit others.



So what if boat without permission uses mooring ball and breaks free and destroys two other boats?



Oh and a point to not overlook. Trespassing laws. They also vary widely, but generally it is not trespassing if not properly posted and posting laws vary widely. it may be breaking and entering. It may be some form of unlawful use.



Oh and just to show that in general trespassing you may be liable for injury to the trespasser, Florida has a section just to protect the agricultural landowner:

810.125 Injury to certain trespassers on agricultural land; recovery limited.—A person or organization owning, controlling, or possessing an interest in agricultural real property, or an agent of such person or organization, shall not be held liable for negligence related to such property that results in the death of, injury to, or damage to a person who has engaged or is engaging in conduct on the property that is unlawful under either s. 810.10 or s. 810.115 or unlawful trespassing by such person incident to such conduct on the property.​

Note that even there it must be properly posted (810.10).



And why is that only for agricultural land?

Because there is a powerful agricultural lobby in Florida.

And for the general thread, “trespassing” in criminal law offers only a passing resemblance to the concept of trespassing in civil law areas.

 

[BandB]

Because there is a powerful agricultural lobby in Florida.

And for the general thread, “trespassing” in criminal law offers only a passing resemblance to the concept of trespassing in civil law areas.

And is very technical often. I watch North Woods Law which is a great outdoors show but they get hunters all the time for such violations. However, laws vary so and must be marked completely right.

 

[adornato]

reply to all the mooring lawsuit replies

Thanks for all the input. For what it's worth I contacted an experienced admiralty lawyer in San Francisco, a friend, and she thought it was "interesting" but has never heard of a lawsuit regarding a mooring buoy.

My main concern is someone hitting it at night and blaming me or illegally mooring with a 50,000 lb boat in a blow and blaming me when they drag the whole mess ashore. (it is only a 400 lb mushroom).

My plan is to mark the mooring ball "Private" with my name already on it. and call USAA my homeowners and ask them.

And have my lawyer daughter do a Lexis Nexis search for mooring ball lawsuits.

 

[O C Diver]

It's covered by your Umbrella policy.

I bought a boat slip or technically the submerged property. The association owns the docks and pilings.
Asked my agent how I should cover it insurance wise for liability. The response from the licensed agent was that part of what the Umbrella covers are things you can't normally buy insurance for as a private individual. His example was hitting someone while riding your bicycle while on vacation.

Obviously this doesn't apply if you're renting the mooring out and it might be different if you loan the mooring to someone. But it should cover you for liability of unauthorized use. Obviously confirm this with your insurance broker and get an email from him saying that's covered by your Umbrella.

Ted

 

[keith c]

Take it from a person in the insurance claims business for 40 yrs ! Call your agent and ask him to put you in touch with a claims supervisor who handles home owners liability claims !!

 

[bowball]

Do you have an exclusive license to put the ball in the deep water? What is the maritime law on this? Because technically it’s not on your property. I assume these rights are known and established, though I don’t know them.

 

[BruceK]

I had a swimming pool built several years ago. If I recall, there is a concept in tort/civil law called "Attractive Nuisance." It mostly applies to landowner liability for foreseeable injury to children too young to understand the danger, but I'd guess there are legal corrolaries that apply to bone-headed adults who are injured. ...Peter

Here it`s called an "allurement",something likely to attract kids, eg in a supermarket something that looks worth climbing, with potential fall risk. We sometimes joined the parent bringing the claim on the kid`s behalf for failure to supervise, control, etc.

 

[BruceK]

Do you have an exclusive license to put the ball in the deep water? What is the maritime law on this? Because technically it’s not on your property. I assume these rights are known and established, though I don’t know them.

In my State in Australia, you get an annual license to install a mooring at prescribed co-ordinates. The mooring contractor arrives with the mooring apparatus and his GPS, and voila!
Normally laid in a mooring field, so people passing through know (or ought to know) there are moored boats on buoys, and at any time some will be away being used, leaving the ball floating.
I once had a local sailing Club coach teaching crew about picking up and negotiating their way around moorings. I had a bridle, a 2 line mooring, they saw one line and picked up the other on their prop. They wanted to pay to fix it, I got my contractor to do it at cost for them.

 

[skyhawk]

Do you have an exclusive license to put the ball in the deep water? What is the maritime law on this? Because technically it’s not on your property. I assume these rights are known and established, though I don’t know them.

great question! That could be a whole other thread that I'd be interested in.... I haven't wrapped my head around these mooring fields yet. Some operated by nearby marinas, others I suppose by the town, others private, some areas you can drop your own hook, others you can't...meanwhile most of these places are not owned private property as far as I know.....or even town owned out past the low tide mark or whatever.....

 

[OldDan1943]

Maybe the company that services your buoy has a policy covering all their buoys. I would ask if this covers you.
If not, talk with your insurance company. We are a bunch of "no nothings" when it comes to legal issues.

 

[Bryant]

Mooring ball

I have a mooring ball in deep water in front of our property in Maine. I received a form letter from the company that sets my mooring ball in the spring and pulls it out in the winter that says I should check with my insurance company to be sure that I am insured : " Each owner, either together or individually, has adequate insurance to insure against all hazards, claims, damages, and
liabilities of any kind related to their use or misuse of your mooring/s;"

Although I can envision claims, anyone have any experience with an actual mooring ball claim? Which, if any, of my 10 different insurance policies (home, boat, umbrella, business, malpractice, etc etc) would insure my mooring ball?

Should I put a decal on my mooring ball that states that it is private and unavailable for use at your own risk. It has my name on it.

Do you own the ball or rent/lease it? While somewhat different, I was looking at buying rural property in Colorado so I contacted an attorney regarding liability if someone was trespassing and hurt themselves. Their advice was to have the property clearly marked as private property with no trespassing signs prominently displayed. While nothing is foolproof against a lawsuit in today’s world that should suffice. His other admonition was to make sure there were no unsafe conditions on the property that should have been identified and fixed by me. I would think the same advice would apply to a mooring ball. Having said all that, I would contact a law firm in your state that deals in admiralty law and pose that question. You can bet that if someone tries to use your ball and hurts themselves, they are going to try to sue you.

 

[bill.kimbell]

Umbrella

My understanding of Umbrella insurance policy is for additional liability coverage above/beyond other contracted policy(ies). Any such coverage requires underlying P&C/liability policy. Not for "other."

 

[O C Diver]

My understanding of Umbrella insurance policy is for additional liability coverage above/beyond other contracted policy(ies). Any such coverage requires underlying P&C/liability policy. Not for "other."

That's why I talked to my licensed insurance agent that sells my Umbrella policy. Policies may vary from company to company on what they cover.

Ted