Ray Posted June 24, 2020 Share Posted June 24, 2020 6 minutes ago, MauriceMynah said: I honestly don't know what the law is on this. If a boater is on a wild mooring and has an accident, can the land owner be sued? My understanding (could have changed since my working days) is that liability rests with negligence (in some form). You have to be able to show negligence to successfully sue. Quote Link to comment Share on other sites More sharing options...
MauriceMynah Posted June 24, 2020 Share Posted June 24, 2020 Poppy, Does one have to give permission verbally, or would a lack of "No Mooring" signs be taken as permission? Ray,I know what you mean but, what would constitute neglect on a wild mooring? Quote Link to comment Share on other sites More sharing options...
Poppy Posted June 24, 2020 Share Posted June 24, 2020 23 minutes ago, MauriceMynah said: Poppy, Does one have to give permission verbally, or would a lack of "No Mooring" signs be taken as permission? Ray,I know what you mean but, what would constitute neglect on a wild mooring? No idea, but if you have no permission, either implied or explicit, I fail to see how any reasonable person would, could or should hold the land owner responsible for any loss or injury . 1 Quote Link to comment Share on other sites More sharing options...
MauriceMynah Posted June 24, 2020 Share Posted June 24, 2020 Poppy, we are talking about the general public here. Where does reasonable come into it? Seriously though there are too many people with litigation in their minds. No win no fee, turned my ankle in a rabbit scrape and broke it. 4 weeks off work and there were no signs there to tell me I couldn't moor. Quote Link to comment Share on other sites More sharing options...
Ray Posted June 24, 2020 Share Posted June 24, 2020 1 hour ago, MauriceMynah said: Ray,I know what you mean but, what would constitute neglect on a wild mooring? Negligence in this situation would constitute knowing there was a danger and not fixing it. However stating clearly that the land is privately owned and mooring is not allowed would, I believe, mitigate this to the point that any action is likely to be unsuccessful. Hence the signs I guess! In an ideal, non litigiousness world it would be enough to do nothing and let wild moorers do so at their own risk. Sadly it is not an ideal non litigiousness world! Quote Link to comment Share on other sites More sharing options...
MauriceMynah Posted June 24, 2020 Share Posted June 24, 2020 37 minutes ago, Ray said: In an ideal, non litigiousness world it would be enough to do nothing and let wild moorers do so at their own risk. Sadly it is not an ideal non litigiousness world! Very much my thoughts on the matter hence my questions 1 Quote Link to comment Share on other sites More sharing options...
Upcycler Posted June 25, 2020 Share Posted June 25, 2020 On 24/06/2020 at 17:34, MauriceMynah said: Poppy, we are talking about the general public here. Where does reasonable come into it? Seriously though there are too many people with litigation in their minds. No win no fee, I like this remark and agree, low life's will do anything to make a quick buck. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.