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Question

Maritime law question for PaulMJD A small boat comes to a larger yacht which is at anchor and the driver of the small boat hands a line to someone on the larger yacht who ties it off. Later a storm comes up and the larger yacht drags anchor. The larger yacht has to haul up he anchor and leave the area, causing the small boat to now be under tow by the larger boat. After a brief time the line snaps and the small boat is adrift in the storm. Who is responsible for the small boat? What should the small boat owner have done?

Submitted: 18 days and 12 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Tonga

Already Tried:
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Posted by PaulMJD 18 days and 12 hours ago.

Answer

The answer to this lies in the statement, "the line snaps" and "storm" which is something that is not in the control of the large yacht owner. Once the storm came up and the yacht captain realized he must pull anchor and leave the area he had a duty to the small boat to either do so without damage to the small boat or to cut the small boat loose to weather the storm if the yacht could not engage in a tow safely. The intervening cause here is the rope breaking and the storm which was likely the cause of the snapping rope, which was provided by the small boat owner. Thus, in this instance the yacht owner would not be liable for the small boat based upon there being no negligence on the part of the yacht owner that was the cause of the small boat being set adrift, it was the superceding intervening cause of the rope breaking and the storm (act of God) that was the cause.


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17 days and 23 hours ago.

Reply

Did the owner of th large yacht have an obligation to place a line capable of towing onto the small boat "just n case" when the small boat arrived.

Posted by PaulMJD 17 days and 23 hours ago.

Answer

No, there was no such obligation to place the line, UNLESS it was obvious from the condition of the rope that it was not sufficient to safely moor the boat, but still this obligation is on the owner of the small vessel.

17 days and 23 hours ago.

Reply

The line would have been all right for mooring but not for towing. The owner of the small boat thinks that the owner of the larger boat should have anticpated the need to tow.

Accepted Answer

Unfortunately, anticipation is not something that the laws provide for and the duty and onus is going to be on the owner of the smaller vessel to have had a sufficient rope for the situation or to have spoken up when the need to tow became obvious. However, if the small vessel owner can prove the captain of the larger vessel was negligent in not inspecting the rope to make sure it was sufficient for towing they may have a chance, but this is a small percentage chance.

Edited by PaulMJD on 11/4/2009 at 6:06 PM

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Expert: PaulMJD
Pos. Feedback: 99.5 %
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Answered: 11/4/2009

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