Mooring Failed - Now what?

[dpreacher]

I hate mooring balls. You ALWAYS need to dive on them to make sure they're good. One cruiser [Larry Pardey? Not sure] found the shackle missing the pin and just waiting to float apart. If I can I anchor.

[jeepers]

I would ask; In writing (annotated-CC."your lawyers name" & CC. "Your Insurance Co.") For the Marina, their Agents & Contractors to produce copies of the Inspection reports and Maintenance records/repairs for the past 5 years for all the mooring balls to be made available to you in ?? hours.
I would also add; Negligence on their behalf is not excused by the Law or by the Liability waiver. That the ramnifications of their actions or inaction is indeed great.
You can always send the CC's later...

[LittleWing77]

Originally Posted by DanielI

My main purpose in posting was to understand what is “normal,” before reacting. As far as the rental agreement is concerned, I’m not a lawyer, but I know enough about the law to say that its highly debatable how extensively a court would be willing to interpret the very broad waiver in it.

There is only one other marina, at the other end of the lake, and there are social reasons why I would rather stay where I am. Competition is good. In the meantime, I will be checking my insurance coverage, for future reference.

That's what I was thinking, Daniell, when you mentioned that you just signed the rental agreement without realizing the intricacies of the waiver... I figured you basically had to sign it - or have nowhere to put your boat!
(That's how they always get us, isn't it.)

Also Nicholson58 - I believe it was - the rotten thing about the BVIs is years ago charterers and cruisers would typically anchor as they were sailing around the islands - and that anchoring practice was absolutely ripping apart the reefs. (Plus the nuisance of charterers just not knowing how to anchor in general).

So BVIs added the moorings-upon-moorings and instituted the fees - which have gotten more and more steep once the govn't realized how lucrative it was (in the 1990's you paid $25 at the beginning of your Charter cruising week - entitling you to pick up a mooring buoy anywhere in the islands). Damn sight different now, eh?

Anyway, Daniell, glad your boat wasn't catastropically damaged - and the "governmental agency" who are the holders of the moorings are taking steps to rectify. I suppose that's the best outcome one could hope for.

Fair Winds,
LittleWing77

[JimsCAL]

Shackle pin failed? And more than one? Sounds fishy to me. Either they didn't seize them properly or little or no inspection. Waiver or not, that sounds like negligence and they would be liable for any damages.

[Gerrit Coetzee]

My catamaran broke free from the mooring. It was a free mooring. I left for a week, caught since April in lockdown and could not return as yet. Fortunately it missed other boats in a densely packed bay, drifted to shore, and did not end up in the ocean.

Another good thing for me was that I had my mobile nr on display, and a nearby marina could call and inform me of the incident.
There was no big storm and I fortunately incur only scratching.

There is no one that I can lay blame too, except myself. Sometimes you just have to take the blow to the chin. The damage less than the insurance excess.

I was moored in a marina with monohulls, so the Catamaran the bigger vessel. Because I wasn't back to the boat as yet, I couldn't assess the point of failure. I attach a photo for interest sake.

Given that it is a free mooring, from the photo, is there at other ( free or paid ) moorings with a sign or indication what mooring is suitable for what size boat? In retrospect I think this particular mooring was not intended for bigger vessels.

I am thankful to those who assisted me in my absence. I am now docked at a Marina.

[moseriw]

In fact nobody knows what is going on below. Is the weight of the concrete enough?
Rule of the thumb 10-15% of the boats weight. So for 20 tons it is 2000 kgs and I am sure that at least 80% of the mooring blocks are 600-800 kgs.

So if you can not be sure that the mooring gear is checked and OK it is better to use your anchor. This is the gear you have under control.

I had a nearby accident too. The mooring line at the buoy gave up and my second security line through the chain below the buoy did the job.
Secod nearby incident was with strong winds of 60 knots when the mooring block decided to slip away with us. In fact the block was far too small even for a 36 footer with 11 tons.

Conclusion:
always use 2 lines and always fix them in the mooring chain or if it is a mooring line - below the buoy and not on the buoy. If you have scuba gear and you plan to leave the boat alone dive down yourself and check it.

[lituya1617]

You cannot be certain there is no underwater damage after an adrift and unmanned grounding even if the bottom and shore are soft mud. I would put on a mask and free dive the hull to inspect it. Weird things happen in groundings. Rudders, prop struts, props can bend rather easily. A deep but hidden gouge in the keep bottom may cost a lot to fix. Hull flexing can pop tabbing loose inside the hull. Etc. Even minor damage should cause you to get a survey, paid for by your insurance. If you find damage, ask the marina to haul the boat free to confirm the damage and allow them to inspect it. Simultaneously, contact your insurance agent and get them working on the matter. Your rental agreement is of no legal weight if the mooring failed due to the negligence of the marina, which it seems is likely. Prior waiver does not apply to negligence or gross negligence. You cannot waive your right to compensation for negligence on the part of a party that rents you anything that they fail to properly maintain. Ask your insurance company to pay all damages and they will proceed against the marina. While you are at it, ask the insurance company to get your deductible back too.

[foggysail]

Originally Posted by HopCar

Contact your insurance company. They’ll take care of you and get reimbursed if possible from the marina.

Subject to deductible???

[Shaneesprit]

Originally Posted by JimsCAL

Shackle pin failed? And more than one? Sounds fishy to me. Either they didn't seize them properly or little or no inspection. Waiver or not, that sounds like negligence and they would be liable for any damages.

I have had the shackle pin failure, massively oversized shackle 3/4 inch thick on a 25ft Cat, i posted on here, thing is that shackle was maybe a year old, and was inspected about 4 months earlier, by me so I know it was done properly.
Unfortunately I assumed a cheap shackle would be ok as it was so oversized.
Oh obviously I now only buy shackles that professional lifting companies use. Also have a question, on improving my mooring.
I want to change to a Rod type mooring buoy, and attach 2 x 1inch ropes to the top, best way of doing this?
The reason is I cannot get 2 ropes in one shackle of the type I am presently using.
Well not presently but in April if we are allowed back in the uk water

[BlueH2Obound]

Originally Posted by DanielI

I will be notifying my insurance company, and letting them deal with it if more problems come to light.

Personally, I would rethink notifying your insurance, as they may consider it a "claim" even though no payout is made . . . Don't ask me how I know this . . .

[moseriw]

Shackle fsilure - Jut to mention:
a 10 mm zinc-steel chain has a rupture load of 5,8 metric tons. A common shackle for this chain 0,8 tons. ( shackles that professional lifting companies use )

I am researching on this but at the moment no idea how tio compensate this.

[foggysail]

Originally Posted by BlueH2Obound

Personally, I would rethink notifying your insurance, as they may consider it a "claim" even though no payout is made . . . Don't ask me how I know this . . .

OK, that may be true with marine insurances but not accident insurance in general. Early last month I was in a car accident that totaled my car when an oncoming car ran a red light. He was covered by Geico who to their credit treated me fairly. I also called my insurance company, MetLife to make them aware of the accident. They were not interested in even listening to me UNLESS I was filing a claim.

[boatman61]

You would be surprised how much the sand and grit being moved around by tides and currents can wear down galvanized shackles,..
When I was a Boatyard worker in Poole years ago my winters were spent working with a self employed mate on his barge servicing moorings in Poole harbour, Holes Bay and along the river up to Wareham.. in the heavy tidal streams we would haul up one end of the mooring line with the HIAB then work our way along the moorings changing out the shackles every year as the sand basically ground out the threads on the shackles laying at the bottom.. in the less acrive areas it was every two years.. and we siezed every shackle as we went.

[valhalla360]

Originally Posted by DanielI

Thanks for all the helpful replies. I would have followed-up sooner, but as the boat seemed fine, and the wind seemed fine, I was sailing today.

In the end, it was clearly a bad pin that failed, and mine was not the only one. Although I was initially concerned about the marina’s reaction, it seems like they are realizing the problem and taking action as quickly as a government run entity can.

As far as some of the advice I received: at the end of the day, thankfully, the damage was minor enough that it is likely not worth fighting to get someone else to pay. I will be notifying my insurance company, and letting them deal with it if more problems come to light.

My main purpose in posting was to understand what is “normal,” before reacting. As far as the rental agreement is concerned, I’m not a lawyer, but I know enough about the law to say that its highly debatable how extensively a court would be willing to interpret the very broad waiver in it.

There is only one other marina, at the other end of the lake, and there are social reasons why I would rather stay where I am. Competition is good. In the meantime, I will be checking my insurance coverage, for future reference.

Don't wait until September to check the bottom. By then they could claim it was unrelated to the mooring failure and the burden of proof would shift towards you. The sooner you can document any damage the more difficult it is for them to claim it was unrelated.

If the water is clear, borrow a water proof camera and snap some pictures if you don't want to spring for the cost of a haul out. Then email them to yourself to establish the date they were taken. But really, the sooner you establish any damage and claim it officially, the better your position.

Good move notifying your insurance company...if you don't notify them and months later an issue is found, they may question if it's a coverable event or even if it's related to the event. If it's not clear cut, they could say it looks like wear and tear that is not coverable. If you quickly tie it to a claim, that's a harder argument for them to make.