Addendum to “Stuck in the Mud”

The Stuck in the Mud post caused a bit of contention with a friend who is a sometimes resident at Cobb’s Marina.  She disagree (as she put it) with 99.9% of my post.

I’m writing this particular post to hopefully unruffle some feathers.

First off I’m not saying people shouldn’t visit Cobb’s Marina.  I liked the place.

Second, I stated clearly that the majority of what I wrote was written in December of last year, six months prior to posting.  I considered NOT posting it at all, but this is a blog.  The blog is here to document the trials and tribulations of us as cruisers.  When something good happens, we will tell the story.  When something bad happens, we will tell the story.

Third, the things I say here are my opinion and as factual as I can be.  I sometimes leave out names, exact locations and certain details in order to protect the innocent.

Fourth, My opinions of things may vary widely from the readers; including things from politics, to marinas, to the right anchor to use, the right lighting systems to use, how to use a radio, how I write and what I say when I write.

I am not sure my friend will even bother to read anything any more on the blog because she disagreed with me on the “Stuck in the Mud” post, but I hope she can understand something simple.  I’m here cruising because it’s my wife’s dream and it’s my dream.  Everything I do is for the comfort and safety of my wife, the safety of my ship and anything that occurs out there, or inshore that affects the boat, or the morale of our little crew is crucial to our survival.

This includes good AND BAD experiences in marinas.

Again, for the record, I will state that people should NOT pass by Cobb’s Marina if they need a place to stay.  They should, as in ALL marinas, READ the CONTRACT, ask questions and be clear on what you’re getting for your money and their time.  Above all, you should as boat owner be aware that your responsibility to the boat is yours, and what you hand off to them is theirs.

There is, in all cases, an implied contract, never written in to a piece of paper when a marina accepts responsibility for doing work on your boat or having you in the marina that they too are culpable in certain situations and conditions.  While paper contracts are all well and good, some states have laws against writing contracts that completely indemnify a marina (or anyone) from any damages caused by others or themselves.  Many places blithely write in clauses into contracts without actually checking the law and assume (or hope) you will go on about your business and assume responsibility completely simply because it’s written in the contract.

When it comes down to the actual law, said contracts can be nullified in a court.

I didn’t want to hire a lawyer.  But I did, because the other party’s insurance company began to get testy with both parties involved.  In fact, the other party also hired a lawyer to deal with the circumstances.

At NO time did either party consider Cobb’s Marina as being liable for what happened.  The lawyers were due to the INSURANCE company.

Which brings me to the last point.  I had all my paperwork together for full coverage on the day of the accident.  Before that I had simple liability on the boat for damages we  might cause in case of fire, accident, me driving badly and so forth.  However, because of the accident, full coverage was immediately denied and all my paperwork was for naught.

Now I had to 1) Show that the damages were fully repaired and 2) answer new survey questions to the insurance company.

So, the accident in the marina was caused by two issues.

A) Having the boat placed in a location that was dangerous and hung the bowsprit out over the corner of the dock

B) A boat driver attempting to drive a malfunctioning boat with one engine, turning it with a strong wind blowing into the area.

The marina could have been held liable, as they were the deciding factor on where the boat was placed, and THEY placed the boat there. Not me.  I did not pursue that aspect.

As to everything else I wrote, the majority of it was written when I was mad about all the accident.  That includes the batteries (which are no worse for wear by the way, I was able to save them without any problems) and some of the other situations.

The very last thing I’d like to say, this is my blog.  I will write what I like, when I like, how I like and I will post whatever I deem fit to publish.  If someone doesn’t like my opinion, that’s ok. You’re entitled to your own, and your own blog.

 

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2 thoughts on “Addendum to “Stuck in the Mud”

  1. Way to go Rick- though I don’t think I personally would have gone back and ‘justified’ my blog for one nay-sayer. It’s your opinion and your accounting of events- period! Keep up the amazing writing, we may or may not follow your advise but we will continue to learn from and be entertained by your blog entries.

    Fair winds and favorable seas! Ray B.

    • Thanks Ray. Appreciate the feed back. And I appreciate the feed back from the negative comments as well. I wasn’t reall justifying anything. I’m telling it like it is. It’s fair, and it’s my opinion. I’m not, like anyone else, going to change my opinion based on others’ opinions. Only facts. The facts as I see them are published as I saw them.

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