Lakefront dock/property damage responsibility

[Quad]

Inspired by @HangOutdoors question about property rights during emergencies, I remembered a situation with some of my neighbors last summer.

When Hurricane Isaias rolled through last summer, a LOT of people had boat and dock losses.

In the case of my neighbors, one of their PWCs brand-new mooring failed. The PWC was tossed onto the shore and itself destroyed. Unfortunately, in the process, it spent time banging against their northern neighbors dock, causing a few grand in damage.

In this scenario, who bears responsibility? Both neighbors have tried to get me involved on their sides, I refuse to get into it. The Admiral and I have mixed feelings. I don't think I would personally pursue a neighbor for damage to my dock due to a storm-induced mooring breakage (that perspective may be different if I knew for a fact they poorly spec'd the mooring or didn't ever maintain it properly?) however if my watercraft caused damage, I'd probably offer something to help. Furthermore, if someone ran into my dock due to negligence, I'd totally expect them to cover the damage.

I guess the big question is this: if it's an Act of God, where do you draw the line?

 

[Epsmith19]

I think the liability would fall on the dock owners insurance. Some yrs back I had a large tree limb come down it destroyed my storage building and partially landed in my neighbors yard. My insurance company covered my building and the limb clean up in my yard but not my neighbors. I obviously didn't want to but my neighbor out so i fired up the chainsaw and cleaned it up myself.

 

[Acard7]

I’d have to agree it would be the dock owners insurance to cover.. What’s the difference if a tornado came through and launched a boat into their dock, would they blame the tornado or the boat owner? No sense in losing a good neighbor over a few grand. But insurance companies are ruthless, if they can pass the blame and buck they will do so.

 

[Quad]

I think the liability would fall on the dock owners insurance. Some yrs back I had a large tree limb come down it destroyed my storage building and partially landed in my neighbors yard. My insurance company covered my building and the limb clean up in my yard but not my neighbors. I obviously didn't want to but my neighbor out so i fired up the chainsaw and cleaned it up myself.

The neighbor whose dock was damaged tried to file a claim against the PWC owner's insurance -that went nowhere. I don't think they personally have dock insurance.

(I do not think my homeowners insurance covers the dock explicitly but I do have a waterfront amendment. I have started to look at my dock as an ongoing expense vs an asset.)

 

[Jim_in_Delaware]

I would presume the homeowner of the damaged dock would have to make an insurance claim on their own policy.

A few years back, had a limb fall off the neighbor's diseased tree fall on the hood of my truck. Minor damage, but I was on the hook as his limb fell into my yard. Not a happy camper, especially as the limb was rotted and fell. Repair would have been $1,000 with a $500 deductible, so I didn't file a claim.

I think the neighborly thing would be for the PWC owner to pay (or help pay) the deductible for the homeowner of the damaged dock.

Jim

 

[Bizywk]

I think the liability would fall on the dock owners insurance. Some yrs back I had a large tree limb come down it destroyed my storage building and partially landed in my neighbors yard. My insurance company covered my building and the limb clean up in my yard but not my neighbors. I obviously didn't want to but my neighbor out so i fired up the chainsaw and cleaned it up myself.

Wow. The insurance company helped with cleaning up the tree debris only to the property line?

 

[Epsmith19]

Wow. The insurance company helped with cleaning up the tree debris only to the property line?

Yep. I ask around at the time. sounds like that is standard

 

[Sbrown]

Yep. I ask around at the time. sounds like that is standard

That's my understanding as well, after having experienced the same situation.

 

[Julian]

Yep. I ask around at the time. sounds like that is standard

Yup, had a huge tree from our neighbor 2 doors down land on our neighbors house - punched holes through his roof in multiple places, tore off parts of the back of the house. Our immediate neighbor was on the hook for all the damage (not the neighbor who's tree it was), including removal of the tree by massive crane from his house (insurance covered it all).

If I was in the jet ski owners place, I would have been bummed about my $15k destroyed ski. I'm not sure I would have offered to repair his dock - I would have left that up to my insurance carrier and his. If he had none....that's not a reason for me to pay to repair his property - UNLESS I'm liable for it - which it seems I would not be. If I was liable for it, then my insurance would cover it. I'd have that discussion with the neighbor.....if they don't like it....and are mad because they don't have insurance....I can't help that.

 

[the MfM]

How can a brand new mooring not hold a pwc?

and how do they know the pwc did the damage and not another boat or other debris?

 

[Neutron]

So if a huge log floats into and damaged the dock. Its if the logs fault.
Its the homeowners responsibility 100%
Problem is homeowners policy wont cover it. You would need special coverage if it is even possible.
During hurricane Florence many docks and seawalls were completely destroyed here. All I heard was none were covered

 

[Jim_in_Delaware]

Lets add another twist to the original post.

I will add that I am not a lawyer and have no legal background, but a boat owner is legally required to take “reasonable and prudent” actions to prevent his property from damaging others. During a named storm this would include extra precautions to make sure that your vessel stays secured and does not damage other vessels or docks. This would likely include adding extra lines to secure the vessel.

What we don't know from the original post, did the PWC owner take 'reasonable and prudent' actions?

Jim