I had to comment on one of Kris's comments:
Kris: Naturally, trust, inspections, and other apparently-sane ways
to make
sure that boaters aren't blowing their neighbours up would be more
effective than requiring liability insurance at actually preventing
people being blown up by their neighbours.
Frankly, I would not want to submit to others inspections as a
condition of staying somewhere ... nor would I want to trust that
close neighbors were doing the right thing if I knew they had no
insurance against liability.
I am reminded about what a marine told me was the Marine Corp's
philosophy of training: "We can't make you do anything. We can
only make you wish you'd done it!"
I would not want to live long term at a marinas that did not care
about insurance or financial responsibility. Unless I were forced
to, I would not want to "go bare" (without insurance), and can
understand why the marina would not want to either. They have a lot
of exposure and a fortune at stake.
Here in the US you have to pay through the nose for folks your
negligence kills, but you pay even more when you just injure and
cripple someone and have to pay their hospital bills. After a career
as a trial lawyer (now in training to become a Pirate ... (smile)) I
can attest to the high cost of having to produce evidence to disprove
you did something wrong and used all due care to protect a guest, or
prove someone else was really at fault.
Under American law any business, including a marina, owes the highest
standard of care to any invitee (any person using their services).
Although Kris seems to believe in it, "trust and inspections" are not
going to protect a marina from just one person who is behind the
learning curve or just don't care, and subsequently has their boat
sink in the slip, explode, catch fire, electrocute others in the
water near it, or otherwise cause people and their property to be
hurt or injured.
I suspect, without knowing, Marina's that require all their tenants
to have insurance (or have rules limiting live-aboards) may be
complying with requirements of their own insurance carrier as a
condition of having their own insurance.
Ed
Ed Kelly (& Sue Kelly)
USSV Angel Louise - live aboard cruising on Catalac catamaran
currently lying Charleston, SC
Our Skype Phone (202) 657-6357
Email: EdKelly ("at" symbol) netins.net
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