Perhaps I'm not the brightest bulb in the box, but I do not understand the marina's legal claim, as the linked article notes:
- "Under the terms of their contract with Southport Marina, boat owners are required to “Make arrangements for the safe mooring or removal of the Vessel on the approach of a storm and be responsible for the costs to repair of any damage caused by the Vessel to the Marina docks, piling and/or other boats.” The vast majority of boat owners left their boats at the marina as Hurricane Isaias approached, although many took time to secure their boats for the anticipated conditions."
- "Southport Marina hired Andrew Consulting Engineers to assess the cause of the mooring system failure that left boats and docks piled on top of one another at the marina in the wake of the storm. “If the vessels had vacated the marina, the pilings would not have been overstressed with the storm conditions, and the marina mooring system would not have failed,” Engineer Neal Andrew concluded. “In our professional opinion, the mooring system met industry standards.”"
I believe they are saying if you safely moored your vessel in preparation for the storm, per the contract, you are still responsible because the mooring system failed? No negligence required?
Seems like a quagmire to me, as I'm sure the boat owners and insurance companies will get experts to testify otherwise.
Jim