The Hull Truth - Boating and Fishing Forum

Go Back   The Hull Truth - Boating and Fishing Forum > BOATING FORUMS > The Boating Forum
Search

Notices

Random Quote: work, the curse of the fishin class
Reply
 
Thread Tools Search this Thread
Old 05-23-2011, 03:52 PM
  #1    
Member
 
Join Date: May 2011
Location: Sandusky Ohio
Posts: 95
Default Salvage law question

What happens if a boat breaks free from its dock and starts to wash away? Could I go get it and claim salvage?

What would I have to do\prove in order to claim salvage.

I'm interested about Ohio laws, but a general idea would be great.
RLWSNOOK is offline   Reply With Quote
Old 05-23-2011, 04:11 PM
  #2    
Senior Member
 
Join Date: Jan 2007
Location: NSW Australia
Posts: 1,566
Default

simple answer is NO! you cannot claim salvage.
noelm is offline   Reply With Quote
 
Old 05-23-2011, 06:54 PM
  #3    
Admirals Club
 
Join Date: Aug 2003
Location: Waretown,NJ
Posts: 234
Default

Boat is unmanned? Adrift? Hazard to navigation and possible hazard to become damaged?

I would say yes. But amount you could receive would depend on alot on other circumstances.ie storm, boat in imminent peril, etc.

Unless you are a professional salvage company, you would probably spend more money on legal fees etc than you would get.
c-witch is offline   Reply With Quote
Old 05-23-2011, 07:03 PM
  #4    
Senior Member
 
Join Date: May 2008
Location:
Posts: 8,858
Default

I found a zodiac with a outboard on it out in the middle of nowhere. I kept moving it while I worked my gear thinking I could give it to someone who needed it. Being it was empty I called the Harbormaster just in case there was missing people /whatever. The haebormaster told me it was reported missing and a few hours later a boat arrived to my location and retrieve their zodiac... I got a tip in the mail a few days later..
__________________
Welcome to Massachusetts. where we turn residents into criminals by coming up with some pretty dumb ass laws.
lobstercatcher is offline   Reply With Quote
Old 05-23-2011, 07:11 PM
  #5    
Admirals Club
 
Join Date: Mar 2009
Location: Mt. Pleasant SC
Posts: 1,033
Send a message via AIM to Lyle29464
Default

If you do get paid salvage it is based on several things. Number 1 is how much time, how many people, how much equipment you used to keep the boat from a peril + what would have happened if you did nothing. The judges looks towards you would not be nice.
__________________
17 Irvette IB CC
20 Shamrock IB PH
28 Slickcraft IB FB
Lyle29464 is offline   Reply With Quote
Old 05-23-2011, 07:15 PM
  #6    
Senior Member
 
Join Date: Mar 2011
Location: St. Pete
Posts: 258
Default

I found a wave runner floating about 2 miles offshore a couple months ago with no one around. It was a rental so I called the place and told them. They said a couple went out and and the girl got scared and hopped on with the boyfriend and they went back in just leaving it floating out in the gulf. I told them where I was and they came and got it. I didn't get anything, not even a thanks.
04keywest1720 is offline   Reply With Quote
Old 05-23-2011, 07:20 PM
  #7    
Senior Member
 
Join Date: Mar 2004
Location: Palm Bay,FL
Posts: 529
Default

karma,will pay you back,good job
Pete is offline   Reply With Quote
Old 05-23-2011, 07:36 PM
  #8    
Admirals Club
 
Join Date: Feb 2009
Posts: 1,139
Default

We found a waverunner adrift in the ICW at 4 am on a tournament day. We left it. Had we hit it, I bet no one would have claimed that they left it out there, or even that it came unhitched from it's mooring. With that said it would take a lot of effort on your part to claim it.

Not sure if Maritime law applies to anything other than the coastal waters, oceans and the great lakes.
Don't know if maritime law applies to lakes or reseviors (sp) .
__________________
Capt. Bud
SEE YA OFFSHORE!
Capt Bud4222 is offline   Reply With Quote
Old 05-23-2011, 08:04 PM
  #9    
Admirals Club
 
Join Date: Feb 2010
Location: WPB
Posts: 812
Default

Look up the 6 blackwell factors. For Martime to apply you also need to meet the Grubart test, it was a supreme court case, look it up. You may have a problem with "navigable waters" in Ohio. The Daniel ball case gives you the definition for what "Navigable waters" are.
Also just so you know, maritime law puts you in federal court USC 1333, unless you have a tort and the "savings to suitors clause" gives the Plaintiff the election to go to state court. Which law applies is another story. But salvage claims are exclusively federal court. What I am trying to tell you is it doesn't matter that you are in Ohio or in state for that matter b/c state law will not apply.
Sorry if this is more than you were looking for, i'm a law student and I just owned Admiralty this semester.
laythewood is offline   Reply With Quote
Old 05-23-2011, 08:25 PM
  #10    
Admirals Club Captains Club Member
THT sponsor
 
Schmaltz~Herring's Avatar
 
Join Date: May 2002
Location: Cruising Tequesta On My 17' Bayliner With Twin 300 Verado'
Posts: 12,571
Default

I found a very small fender floating around, I'm keeping it.
Schmaltz~Herring is offline   Reply With Quote
Old 05-23-2011, 09:33 PM
  #11    
Senior Member
 
Join Date: Aug 2009
Location: McDonough, Ga
Posts: 799
Default

Quote:
Originally Posted by Schmaltz~Herring View Post
I found a very small fender floating around, I'm keeping it.
x2 (litterally - one in Sinclair, one in Lanier. Oddly enough both were same brand/model/color)
dward51 is offline   Reply With Quote
Old 05-23-2011, 10:17 PM
  #12    
Senior MemberCaptains Club Member
 
Join Date: Feb 2003
Location: M.Vineyard, MA
Posts: 6,966
Default

Quote:
Originally Posted by RLWSNOOK View Post
What happens if a boat breaks free from its dock and starts to wash away? Could I go get it and claim salvage?

What would I have to do\prove in order to claim salvage.

I'm interested about Ohio laws, but a general idea would be great.
To the OP: You might want to consider the next time it might be your boat drifting away and the owner of the boat you have in mind now could be retrieving yours.

As a non-professional, you seem to be taking a pretty cold ,cash-register attitude toward helping fellow boaters. There are good samaritan boaters ... and bad ones.

But laythewood supplied the answer to your question. He didn't mention that if your intent is commercial , taking custody of the boat likely leaves you responsible for anything to affect it's condition while in your care. If you were acting strictly as a "good samaritan boater" acting responsibly while trying to help, any damage would likely not leave you liable.
TTaxi is offline   Reply With Quote
Old 05-23-2011, 11:20 PM
  #13    
Admirals Club
 
Join Date: Dec 2010
Location: Pompano Beach, FL
Posts: 5,718
Default

Maybe he's seeing a Bayliner ready to fall off a couple of 55 gal drums into the water
Y'all know how popular they are!
__________________

Jus' Teasin'
1999 Pursuit 3000 Express
Jus Teasin is offline   Reply With Quote
Old 05-23-2011, 11:29 PM
  #14    
Senior Member
 
Join Date: Oct 2009
Posts: 204
Default

i think its olny salvage after it hits bottom if its floating the owner can get it back but thats in CT.
saber454 is offline   Reply With Quote
Old 05-23-2011, 11:36 PM
  #15    
Senior Member
 
Join Date: Aug 2008
Location: Treasure Island, FL
Posts: 1,197
Default

I would think that this would be a good side business. Untie a line, retrieve the boat, hold it for recovery fees.
Beefer is offline   Reply With Quote
Old 05-24-2011, 12:08 AM
  #16    
Member
 
Join Date: May 2011
Location: Sandusky Ohio
Posts: 95
Default

Last year this happened.

I just brought it back and tied it back up...

When I saw the guy at his boat, he was really rude to me about it. As one of his fenders was missing and it caused a small rub mark. I ended up saying I was very sorry, but at least his boat did not get blown into the rocks which it was moving towards. If it had gotten out into the main lake (which is where the current was taking it) it would have gone up on a rock wall and had the waves crash up against it which were aprox 4-6 feet... needless to say it would have been a little worse than the half an inch rub mark which who knows if it was there before...

Needless to say the guy was a real jerk even after I explained the situation.

My buddy told me that I could have claimed salvage and sold the boat back to him for a "fair value." and if he was not willing to pay me fair value for the boat it would be mine to do whatever I wanted to. But that his insurance would pay for this.

I was wondering if this is correct. As if this happens again. I"m not going to return the boat to the jerk free of cost. If I can't claim salvage I'm just gonna let it go into the rocks. As I don't wanna get yelled at for not knowing he had a fender that likely blew away in the storm.
RLWSNOOK is offline   Reply With Quote
Old 05-24-2011, 02:41 AM
  #17    
Senior Member
 
Join Date: Oct 2009
Posts: 166
Default

What if the owner claims you stole it or just plain trying to pull fraud and your the one that put the boat in peril, as a argument to your salvage claims. I am sure this is a tactic that is used in a lot of suits to sway the other party, that is starting to look expensive and now you may be facing criminal charges.

I saw this happen first hand with two neighbors and a disagreement over a fence that was placed 6 inces over a property line. It turned into a huge law suit and criminal charges in the end.
henrye718 is offline   Reply With Quote
Old 05-24-2011, 04:22 AM
  #18    
Senior Member
 
Join Date: Jun 2009
Location: Lake Murray, SC
Posts: 3,206
Default

Post a pic of your boat so we will know to how to handle it if you need assistance!
jrolin1 is offline   Reply With Quote
Old 05-24-2011, 06:54 AM
  #19    
Senior Member
 
Join Date: Apr 2010
Location: Madison, MS
Posts: 209
Default

I didn't think the OP was being cold or cash oriented in his question. However after reading the second post I would let the boat crash. There are just some ungrateful people out there and need to be taught a lesson.
mulefeathers is offline   Reply With Quote
Old 05-24-2011, 07:48 AM
  #20    
Admirals Club
 
Join Date: Dec 2010
Location: Pompano Beach, FL
Posts: 5,718
Default

Quote:
Originally Posted by RLWSNOOK View Post
Last year this happened.

I just brought it back and tied it back up...

When I saw the guy at his boat, he was really rude to me about it. As one of his fenders was missing and it caused a small rub mark. I ended up saying I was very sorry, but at least his boat did not get blown into the rocks which it was moving towards. If it had gotten out into the main lake (which is where the current was taking it) it would have gone up on a rock wall and had the waves crash up against it which were aprox 4-6 feet... needless to say it would have been a little worse than the half an inch rub mark which who knows if it was there before...

Needless to say the guy was a real jerk even after I explained the situation.

My buddy told me that I could have claimed salvage and sold the boat back to him for a "fair value." and if he was not willing to pay me fair value for the boat it would be mine to do whatever I wanted to. But that his insurance would pay for this.

I was wondering if this is correct. As if this happens again. I"m not going to return the boat to the jerk free of cost. If I can't claim salvage I'm just gonna let it go into the rocks. As I don't wanna get yelled at for not knowing he had a fender that likely blew away in the storm.
You did the right thing, saving someones boat, just like 99.9% of the people on here would do. It's too bad that the owner had to be a jerk about it, he should of bought you a case of beer!


BTW...........I think that Schmaltz has his fender!!
__________________

Jus' Teasin'
1999 Pursuit 3000 Express
Jus Teasin is offline   Reply With Quote
 
 
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

 



©2009 TheHullTruth.com

Powered by vBulletin® Version 3.7.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.2.0