ALEXANDRIA, Va. – Be sure to read your
dock contract carefully, or you may be surprised to find that you can be held
legally responsible for damages and injuries, even if you or your boat were not
the cause. It all could be in the fine print of the marina or boatyard dock
contract that hundreds of thousands of boat owners sign this time of year as
the boating season returns. Before boaters sign any dock contract, the national
advocacy, services and safety organization Boat Owners Association of The
United States (BoatUS) has some tips for recreational
boaters searching for a marina for their boat.
"While the enforcement of dock contract provisions vary and your options
to walk away may be limited, it's important to know how a dock contract's
language can contain various provisions that may affect your insurance coverage
and ability to recover for damages," said BoatUS
Consumer Affairs Director Charles Fort.
BoatUS has identified a trend with some marinas
including "risk shifting" language in their customer dock contracts
that transfers the responsibility for defense and payment of claims to the boat
owner and the boat's insurance policy, even when the cause of the accident and
responsibility for the resulting damages rests with the marina or staff. This
includes "Exculpatory Provisions" which attempts to hold the marina
harmless for negligent activity, "due to fire, theft, vandalism,
collision, marina equipment failure, windstorm, rain, hurricane or other
casualty loss."
Other clauses, such as "Waiver of Subrogation," may prevent an
insurance company from suing a marina or boatyard to recoup its claims payment
after damage caused by the marina. Once the waiver is signed, a boat owner has
in essence agreed that the marina isn't responsible if marina staff is negligent,
for example, of gouging the gelcoat while hauling out
the boat.
"Indemnification" applies to boating guests or invited workers. A
boat owner agrees to defend the marina and pay any damages the marina may owe
if one of these parties is injured – even if it's the marina's fault.
"Requirement of Insurance With Additional Named Insured Clause" asks
the boat owner to add the marina as an additional insured on the boat policy at
the owner's expense, essentially asking that the marina be protected the same
way as the policyholder is – sort of like adding your Uncle Bob to your policy.
That means the marina is also covered, if, while hauling your boat, a marina
staffer bumps the vessel into a steel bulkhead and causes damage, much in the
same way if the boat owner had done the same thing. But note that it's the
insurer that decides to add this coverage and at what cost. Don't assume the
insurer will pay.
"Let's also remember that the vast majority of marinas want to keep
customers and reputable marinas and yards will often pay when they damage a
customer's boat. But you should always immediately report a claim to your own
insurance company," added Fort. "It's also not a bad idea to share a
marina contract with your insurance company before you sign it so you know
where you stand, as some insurers, such as BoatUS,
may provide coverage for risk shifting provisions."
For a full look at dock contracts, go to www.BoatUS.com/marinacontract.
About Boat Owners Association of The United States (BoatUS):
BoatUS is the nation¹s largest organization of
recreational boaters with over a half million members. We are the boat owners'
voice on Capitol Hill and fight for their rights. We help ensure a roadside
breakdown doesn't end a boating or fishing trip before it begins, and on the
water, we bring boaters safely back to the launch ramp or dock when their boat
won't, day or night. The BoatUS insurance program
gives boat owners the specialized coverage and superior service they need, and
we help keep boaters safe and our waters clean with assistance from the
non-profit BoatUS Foundation for Boating Safety and
Clean Water. Visit BoatUS.com.
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