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ARTICLE · 21 JUNE 2024

Whose (Mooring) Line Is It Anyway? Liability For Vessel Damage

Stephens Scown
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This article examines liability for boat damage while moored, focusing on the legal and contractual obligations of boat owners and mooring providers. It emphasizes the importance of clear terms and conditions, adequate insurance, and proper mooring tackle maintenance to limit liability.

United KingdomCorporate/Commercial Law
Richard Slater
Richard Slater

In this article we explore the legal and contractual implications if a boat is damaged whilst moored. Does liability lie with the boat owner or the mooring provider?

Terms and conditions for mooring

Usually, the position will be determined by the terms and conditions of the mooring provider (such as a harbour authority or local council). It is usual, and advisable, for the mooring provider to put in place terms and conditions and ensures that the boat owner agrees to them before being permitted to use the mooring.

The terms and conditions should contain a limitation of liability clause that seeks to limit and reduce the mooring provider's liability in the event damage.

The limitation of liability clause will usually expressly:

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