Falls Church, VA asked in Personal Injury, Admiralty / Maritime and Civil Litigation for Virginia

Q: If a marina allows larger boats to overhang their slips and a smaller boat hits the larger boat while the larger boat

is still in its slip not moving, can the marina be sued? So the question is about liability issues a marina might encounter

by allowing boat overhang in the slips.

annegwynn1@gmail.com

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Maritime Law Lawyer
  • Little Neck, NY

A: The degree of overhang could be a factor. If the smaller boat was moving, it's likely that it would be confronted by the argument that the other vessel was not moving. Maritime law applies a presumption that serves in favor of a non-moving vessel in encounters with moving vessels. The degree of interference to navigation presented by the larger vessel, based on the particular setting here, could become an issue. But in marinas, it is not uncommon for larger vessels to extend beyond their slips.

Tim Akpinar

F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: I regret that I do not handle marina boat accident cases. Sorry.

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