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Posted By Darren Smith
Hi,
This is my first posting on the forum. I hope someone can help.
We have very recently taken over control of a marina complex. Its a bit of a nightmare. As part of the complex there is a compound. Boat owners can have their vessel lifted from the water and put into the compound so they can complete maintenance and repairs.
We charge a fee for lifting the boat and storing it securely in the yard. All maintenance and repairs are completed by the boat owner or contractors appointed by the boat owner.
There are no terms and conditions of use for the compound. Boat owners can effectively do as they please.
The problem I have is I am unsure what responsibility we have for the actions of the boat owners/contractors working on our site.
If a boat owner is engaged in a crazy unsafe activity where if something went wrong there would be a knock on effect for all other users of the compound can/should we do anything to stop them.
My immediate response would be 'yes', because we have a responsibility to the other users of the yard. However management have said they will not get involved or be responsible for work being completed by members of the public.
What are other forum members views on this? Any assistance given would be greatly appreciated.
Many thanks,
Dazmo
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Posted By Linda Crossland-Clarke
Hi
In short the purse string holders, who make the decisions on the marina, have a duty of care to other persons coming into contact with their envrionment. Not only is there endless H&S legislation specifying what you should conform to, also consider what your insurance requirements are. E.g does the marina have to have its lifting equipment tested to keep your insurance valid?
You may need some on site advice to set you off in the right direction. If you email me direct I can see if I can get some general information from the marina our local coast guards use. Or try contacting another marina environment to see if they can give you some documentation ideas.
Regards
Linda
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Posted By Danny Swygart
Whether the marina owners like it or not they have responsibility, which they will find out to their cost if something goes wrong.
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Posted By steven bentham
We have had similar problems.
On a civil issue, the boat owners do have legal obligations not injure others via their activities, these would be resolved in the Civil Courts. If the boat owners are leisure users (as opposed to employers) then they actually have no duties under the Health & Safety Legislation other than for manslaughter if they kill someone!
Any cranes hired to site to lift are at work and as such subject to duties and the owners of the Marina are at work and as such have legal duties. If the boat owners have had years of doing what they want, they can be difficult to change.
We have harbours where the management do 'control' safety and environmental responsibities. They will also dispose of unsafe boats or their gear.
May I suggest you develop a plan of key areas that you want and try win them over a 2/3 year period to make the changes you want.
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Posted By Mark Talbot
This is complex, but you would would probably be liable under s3 of the 74 Act because you are providing a service and a facility, therfore the subsequent activity could be construed as being in connection with your business.
You also owe a duty of care to your employees who presumably use that area too.
The boat owners may not be at work themselves, but they are in a workplace controlled by you. You should therefore expect a reasonable amount of control of unsafe practices. It would be simple to establish the right in a simple document written in conjunction with your insurers [you employer's liability insurer should be keen to help you] to be signed before each lift.
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