by Douglas Gould on June 30, 2008
Things have been very slow out here at Block Island so far. The land based businesses on the island are reporting normal amounts of tourists in the shops and resturants, but the majority of them come by ferry. In the distance of this picture is the entrance to the Great Salt Pond….but where are the inbound boats?
This is typically the week that things start to ramp up out here, so I’m not overly concened yet. Back on the mainland, the boys have been having average case loads. But, the island anchorage has very few powerboats out here, and I’ve only had one tow since arriving last Monday, which sure feels light when your season is only 10 weeks long.
At this time next week, we will know if the boaters are willing to buy some fuel and come out here, or not.
We’re sort of holding our breath….
by Douglas Gould on June 29, 2008
Two interesting cases were recently decided in court, and the decisions should act as a reminder to all salvors that rule number one in a salvage claim is the existance of a marine peril. Without peril, you got squat.
In the first case, Sea Tow Portland/Vancouver v. Yacht High Steaks, a tower took an unmanned yacht off the hands of a fire boat, and moved the yacht to a safe location away from a dock fire. The court found there was indeed some peril, even though a government rescue agency had already moved the yacht away from the fire, so a valid salvage claim was in force. The actual award was pretty small after the court took into account the remaining Blackwall factors.
The second case, Cape Ann Towing v. M/Y Universal Lady, the court found that no peril existed at the time the salvor showed up, because the yacht was already tied up to another yacht after running free as a hurricane passed over the area….and their $487,500 salvage claim was reduced to $2,706. OUCH.
You can read more details on these cases by [
clicking here]. This link opens the current
MLAUS (Maritime Law Association of the US) recreational boating newsletter. Scroll down to page 9. Past issues of the newsletter are also available
here