savage or demolition ??

Discussion in 'Boat Design' started by jelfiser, Nov 18, 2006.

  1. jelfiser
    Joined: May 2006
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    Location: Italy

    jelfiser Senior Member

    so that's the end of our family sailboat , my father had a problem with motor and
    ended in rocks in front of the port ... of Pantelleria island
    the boat had some hole on left side and was full of water.
    the boatyard worked an entire day to create a road to the boat and then when they arrived in the night put a rope around spreaders to move the boat ( :eek: )
    obviously they first broke in two parts mast and then they totally destroyed the deck and the hull in many parts ... also the motor was bring on air and fall for few meters from crane on rock ( totally destroyed )
    Any legal suggestion are well welcome


    http://www.umberto.belvisi.com/a-pa...-san-leonardo-recupero-o-demolizione/#more-59
     
  2. duluthboats
    Joined: Mar 2002
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    Location: Minneapolis,MN, USA

    duluthboats Senior Dreamer

    :-( !!!!!!
     
  3. Vega
    Joined: Apr 2005
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    Location: Portugal

    Vega Senior Member

    Sad story.:(
    About legal advise you should get a lawyer and ask for advise. The laws are diferent from country to country.
    It seems obvious that they didn't know what they were doing.
     
  4. PAR
    Joined: Nov 2003
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    Location: Eustis, FL

    PAR Yacht Designer/Builder

    In most cases it depends on if "salvage" was declared, before the efforts to get the boat were undertaken. This would have been done in no uncertain terms, like with a bull horn or by making the owner sign a form. If salvage wasn't declared, then it was a rescue which would make the partly, if not totally responsible for any damage.

    Since the boat was on the rocks, it would be a pretty easy thing to assume salvage was declared. The laws covering this and other issues on your vessel may have some interpretation in your favor, but I think this is unlikely. It wouldn't make much business sense to send a recovery effort out onto the rocks, without declaring salvage rights.
     
  5. JPC
    Joined: Jun 2005
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    Location: Hong Kong

    JPC Junior Member

    Lloyd's Open Form

    The attached form is a fairly general representation of the baseline arrangement (in many regions) for salvage operations. As Par indicates, crossing the line from "repair/rendering assistance" to "salvage" invokes a substantial shift of rights, and most laymen would have little idea that this would happen.

    To be fair, a number of the regimes that govern things like rescue and salvage often include these broad grants of rights and protections to the salvor. If a potential salvor couldn't have confidence that he'd get compensated for his risk and that he could get right on with taking all necessary action, in both cases without having to strike up negotiations with an owner, he might just keep his mug of tea in hand and watch the vessel founder from his window next to the fireplace.

    JPC
     

    Attached Files:

  6. longliner45
    Joined: Dec 2005
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    Location: Ohio

    longliner45 Senior Member

    so would I be liable for damage to this boat for rendering assistants?..doesent maritime law state that I must render assistants?and even if there was no law I would,,,and buy the way par ,,,why are you online ,,,,and not building my mast?,,,longliner
     
  7. Frosty

    Frosty Previous Member

    Pehaps it isnt salvage as it was no longer at sea, infact no longer floating.

    Surely the crane operator and owner must have been insured at least for the engine mishap. Who and with whose advice tied the slings around the spreaders?
     

  8. PAR
    Joined: Nov 2003
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    Location: Eustis, FL

    PAR Yacht Designer/Builder

    Yes, you would be liable for damage is you were attempting a rescue. Yes, you are expected to render aid and assistance to any vessel within your realm of operation. This is the whole point of these laws (and why it's so important to understand if salvage rights have been declared), to insure a fair value can be placed on a persons efforts during salvage operations, successful or not. Also to insure you don't increase the danger or possible damage to yourself, your boat, the person(s) you're trying to help or their boat.

    Placing a sling on the mast and testing a boats stability is okay, but not to roll him upright while on the rocks? One of the reasons the law seems to heavily favor the salvor, is because the salvor wouldn't get out of bed on a storm tossed, cold as your ex-wife's heart night, to try and save your boat, other wise. I've been involved in several salvage operations and your *** is on the line, not to mention your crew and boat. Boat owners have a difficult time with these issues, generally because of emotional involvement and the probable lose of their yacht. When I've been involved, I discounted the owners words considerably, frankly not paying attention to much, because most of it is useless rubbish that isn't helping get the boat out of whatever jam the owner has managed to sail it into. Mostly, I would try and look sympathetic and nod my head, like I understood and would move on to what was at hand, which may involve chain saws, grapples, explosives and even a sling around the spreaders, if I thought it might work. Sure it's possible the owner may recover some of his lose, but that's what insurance is all about. A law suit to recover more, seems frivolous. If he wasn't insured, then who's to blame . . .
     
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