Claims for damages in marinas are not uncommon, and rarely welcomed by foremen or port managers who almost invariably, seek to dodge responsibility either by blaming an inept mooring, unsuitable hawsers or mooring lines, citing port regulations, contending that there is no obligation of custody of the ship, or calling on an act of God.
Well, in Spain although the Supreme Court holds that unless the contract mooring states so, there is no obligation of custody or supervision of vessels inside the marina, there is enough Court cases and legal basis to establish the liability of the marina in the following cases:
- Damage to a vessel for falling onto the ground in strong winds, due to a lack of support while on a slipway or a dry dock,
- Theft of a boat at the dry dock,
- Lack of maintenance of a mooring chain which caused a ship to drag her anchor and move out of the harbor in rough seas formed by a tornado,
- Rodent infestation,
- Fire started in other vessels berthed nearby,
- Fire started in the dry dock facilities or caused by the negligence of employees,
- Damage caused by the displacement of ships berthed nearby,
- Injuries sustained from slipping on a jetty or floating dock.