Rafting Damage Who Should Pay

[Navigator_Victory]

Rafting IE attaching boats together to create a floating trailer park to quote a song

About three years ago I had a 28 foot party hut pontoon boat. We tied up in Party Cove to another boat and eventually there were several people jumping off my boat into the water causing the boat to rock back and forth somewhat more than it would have......anyhow a year later/next boating season the guy who owned the other boat said my boat had caused damage to his boat and he wanted money for the repairs.
At the time I said fine get me a receipt showing the cost and I will pay you.
So another year goes by and the guy this last weekend has someone else hand me a receipt for $100 from a boat shop....... after thinking this over.....if you are rafted up and your boat is damaged and you and the other captain tied the boats together who should be responsible?
He actually tied his boat to mine although he invited me over and I watched him tie everything up so in my opinion you both should be responsible but, wanted some other thoughts on this.

Please Offer up suggestions.....I see the guy almost every weekend I go to party cove so at this point I am thinking I give him $50 since I was partially responsible but, on the other hand would he do the same for me???

Thoughts Please

 

[1973Chieftain]

Re: Rafting Damage Who Should Pay

I've never been in such a situation, so this is just my opinion. Id say split it 50-50... both of your boats were involved, and $50 is not much to keep a friendship up. If he is being a prick and you don't care to remain a friend... let him pay for it all as he did the tying up!

 

[Don S]

Re: Rafting Damage Who Should Pay

I think you should be talking to a lawyer, not a boating forum. :facepalm:

We don't get to hear the other side of all this, no witnesses, or anything else, just your side.

 

[Vegas Naturist]

Re: Rafting Damage Who Should Pay

IMHO the repairs to his boat are on him. First off, he tied up to you. I don't see how you would be responsible for him not doing a proper tie-up to prevent damage to his boat. Second, I was always under the impression that rafting was a no fault situation. you pay for damages to your own shi-p. The above doesn't count if you do something dumb and cause damage, of course. If it's just rubbing damage (couldn't have been too much damage if it only cost him $100), I'd say he's on his own.

Having said that, if you agreed to pay for the damage, well...

John

 

[Bondo]

Re: Rafting Damage Who Should Pay

He actually tied his boat to mine although he invited me over and I watched him tie everything up so in my opinion you both should be responsible but, wanted some other thoughts on this.

Ayuh,.... I'd tell 'im to go find the fools that were jumpin' off the boat, 'n rockin' it....

Otherwise,... He can fix his Own boat,....

After all, he Knew there was the potential for damage, 'n accepted it when he tied off to yer boat...

 

[scoutabout]

Re: Rafting Damage Who Should Pay

I say ask him for the name of the shop that fixes gelcoat for $100!

Seriously, though, i think it's a bit rich faulting you for a rafting problem. It takes two skippers to agree to do this and make fast your vessels in a way that movement doesn't cause damage.

Throw him a bone and offer half to keep the peace if you have to hang in close proximity regularly but otherwise steer well clear from here on in. :facepalm:

 

[Navigator_Victory]

Re: Rafting Damage Who Should Pay

LOL lawyer for a $100 damage now that is funny......I guess it could be a more generic question such as if you are rafting and there is damage who is responsible ??? just so happens I was in this case and since there are thousands of years of boating experience on this board thought some feedback would be good plus might benefit someone else in the same position one day or give them something to think about before they tie up to another boat.....

My first knee jerk reaction was to pay the guy because he said my boat damaged his but,,,,,after almost three years he finally gives me a receipt for the damage.....I have had some time to think about this and alot of time observing people rafting up.....personally I prefer to not raft up at all but, on rare occasion I will and since this incident I do my best to make sure neither vessel incurs damage.

I think you should be talking to a lawyer, not a boating forum. :facepalm:

We don't get to hear the other side of all this, no witnesses, or anything else, just your side.

 

[Navigator_Victory]

Re: Rafting Damage Who Should Pay

He is ex marine and I believe an honorable guy.... he has never been ugly about this deal and I see him almost every time I go to party cove.....I had thought until this year he had just accepted it and went on but, another guy who is his friend came up and gave me the bill while I was tied to him.....I asked if he was mad and he said no he is just persistent ......

I say ask him for the name of the shop that fixes gelcoat for $100!

Seriously, though, i think it's a bit rich faulting you for a rafting problem. It takes two skippers to agree to do this and make fast your vessels in a way that movement doesn't cause damage.

Throw him a bone and offer half to keep the peace if you have to hang in close proximity regularly but otherwise steer well clear from here on in. :facepalm:

 

[Home Cookin']

Re: Rafting Damage Who Should Pay

Oyez Oyez Judge Roughneck is sitting.

Bond-o has explained, in his traditionally incoherent vernacular, the legal concept of "assumption of risk" as a defense as well as adding the component of forseeability.
OP raises a threshhold plea in bar for laches (3 year delay).
Scoutabout finds insufficient proof of damages.

Case dismissed.

Bailiff, call the next case.

 

[Navigator_Victory]

Re: Rafting Damage Who Should Pay

Wow that was easy

Oyez Oyez Judge Roughneck is sitting.

Bond-o has explained, in his traditionally incoherent vernacular, the legal concept of "assumption of risk" as a defense as well as adding the component of forseeability.
OP raises a threshhold plea in bar for laches (3 year delay).
Scoutabout finds insufficient proof of damages.

Case dismissed.

Bailiff, call the next case.

 

[H20Rat]

Re: Rafting Damage Who Should Pay

I think you should be talking to a lawyer, not a boating forum. :facepalm:

We don't get to hear the other side of all this, no witnesses, or anything else, just your side.

I'd give a fellow rafter $100 for beer money LONG before I'd give a lawyer a dime. In either case, no lawyer is going to offer any advice on this matter for less than $100.

 

[90stingray]

Re: Rafting Damage Who Should Pay

Too long in my opinion to go back to someone for damages. And yes its everyone for themselves ... i mean you are tying boats together on moving and changing water. Stuff happens. Maybe he should use the money and buy better or more fenders. You were way too nice about it.

 

[LippCJ7]

Re: Rafting Damage Who Should Pay

Honorable guy? give me a break, the guy sounds like well like someone I wouldn't want for a friend, I would give him the $100 and move on, tie up on the other side of the tie up. Seriously this would just irritate me and its not worth the $100 so I would give the guy that handed you the receipt a $100 bill with 2 receipts of the settlement one for him and one for you. then I would stay away from him.

Mistakes are made all the time if its a big deal to him he can have a fine day, over there.

 

[fishrdan]

Re: Rafting Damage Who Should Pay

He has to go through one of his co-horts to present a $100 bill, instead of talking to you about it direct? (WT*) I'd talk to him and see what he has to say. I bet there's more to the story than you know.

I do agree with the others, $100 bill for damage when he tied up to your boat??? Give him the $100 and next time he want's to tie up, charge him a docking fee. You know, for liability insurance and such

 

[dockwrecker]

Re: Rafting Damage Who Should Pay

If he's so brain dead to realize and accept the risks of rafting up, and you elected to just pay him, I see two naive people here. I think he played you to get the first $100. No way you accept responsibility when he ties off to your boat. It's his job to protect his boat and it's his decision to do it at all. I'd go get my money back. The guy is a manipulator and no one I'd raft with in the first place.

 

[jdlough]

Re: Rafting Damage Who Should Pay

Of course you do not owe him a cent.

However, in the grand scheme of boating things, $100 is nothing.

So, you have an ex-marine, who thinks you owe him $100 in damages, appears honorable (but secretly watches Dexter reruns, while sharpening his knives)

If I was 30 years younger, I'd be standing on principle. He is owed nothing, so he gets nothing.

Now that I'm 55, I kinda like throwing money at a problem. $100 is a cheap fix. Make the marine happy, then he feels he owes you. All is good. HE will know that you went above and beyond the call, or that you are on his side, etc.

You never know, that may come in handy someday.

You may not think this relates, but I have an ongoing feud with my downstairs neighbor at my beach condo, for the past 10 years. Apparently, we make noise when we walk. If I could go back 10 years and give this jerk $100 to appease him, and get him on my side, I would do it. Not that he deserves it at all, just to make my life easier.

Your guy doesn't deserve a cent. Give him $100. It either does not matter in the long run, or it keeps a nutcase off your back. When you're dealing with a nutcase, let the nutcase think you're his friend. It's not right, but it's cheap insurance.

Choose your battles. This one's not worth it. And you never know, sometimes it's handy to have a nutcase on your side, looking out for you.

 

[rogerwa]

Re: Rafting Damage Who Should Pay

Did you inpsect the damage or even see it? Regardless of the fact that he was a agreeing party in tying up to you and the inherent risk that any idiot would know. How do you know this damage wasn't already there?

You own him nothing except the stink eye.

I would also let him know that you received damage as well but chose not to pursue it as rafting up has its inherent risks that you chose to accept.

 

[roscoe]

Re: Rafting Damage Who Should Pay

Pay him the 100. Then pay him 300 more next month when he sends his kid over to tell you that is the bill for the clearcoat. Then pay him another 200 next year when he presents a bill for the bow rail and cleat.

 

[dockwrecker]

Re: Rafting Damage Who Should Pay

Pay him the 100. Then pay him 300 more next month when he sends his kid over to tell you that is the bill for the clearcoat. Then pay him another 200 next year when he presents a bill for the bow rail and cleat.

Then make him a sammich and wash his car....:facepalm:

 

[5150abf]

Re: Rafting Damage Who Should Pay

The waiting a year is the part that kills it for me, you can't wait a year and claim damages, that is rediculous, if it were me he gets nothing.

If he had said something right then or the next day maybe but rafting is 50/50 thing so at most it woudl be 50% but certainly not after 2 years, tell him to go blow.