John asked

> If you hit something that is submerged in the canal (e.g. a 
> household cooker), is BW liable for any damage done?
> If so, how would you claim?

As others have said, BW is not responsible. However on looking at the
Licence Conditions (http://tinyurl.com/njcf7y) I am surprised to see
that they haven't explicitly disclaimed responsibility for such damage.
The nearest they come to it is in paragraph 7.7 "The Boat must be fit
for navigation on any Waterway where it is intended to be used." I am
sure that if pushed, BW would argue that rubbish in the canal is a
foreseeable hazard, and so your boat should be reasonably able to cope
with it.

I would add, that if you do get stuck on an underwater obstruction and
give them a call, BW do offer a pretty good service to get you going
again. 

When departing from the BCN Marathon this year, Fulbourne went hard
aground in mid channel at Erdington on the Birmingham and Fazeley after
9.pm. Probing with the pole showed that the stern was sitting on a
rectangular object, just a little wider than the boat  - in fact the
same size as the electrical cabinets which were lined up on the offside
bank!  Either side of this object there was at least 18 inches of water
under the boat.

After an hour or more of pushing and pulling and engine revving and
poling we were only more stuck, so we rang BW. 

We suggested we were OK to stay the night where we were (stern in mid
channel, bow tied to the bank, and with room for other boats to pass),
and that they could come in the morning. They advised that it was not
the best area to stay the night (I wouldn't have chosen to stop there,
but it was quiet enough) and that they would come to us straightaway. 

When they arrived it was approaching midnight. Two cheerful chaps had
already worked a long day but were up for the challenge. After a few
minutes pulling on ropes they agreed we were indeed stuck fast and got a
tirfor winch from the pickup. This had us off in no time, and the chaps
gathered their kit and departed, without even waiting for a cup of tea.
And we went off boating into the night to Minworth.

It used to be a matter of pride among some boaters NOT to call BW out
when they got stuck. But if you do, a) it gets you on your way sooner,
and b) it lets BW know where the obstructions are so they can do
something about it.

David Mack 




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