Manna Dock Age, November 2007

Protecting marinas against frivolous claims
By Mark Yearn

Show me a personal injury attorney who is going after a marina, and I’ll show you a marina owner who understands the sentiment expressed by the Shakespearean phrase, “Let’s kill all the lawyers.”

In today’s world, marinas need as much practical advice as possible about protecting themselves against frivolous claims. The following paragraphs provide some examples of how this plays out in the real world.

Criminal activity
In this first example, a marina owner discovered how a crime that occurred at his facility — which he was not involved in — nevertheless made him a lawyer’s target. Here’s the case.

One evening, an employee of the marina’s restaurant was delivering cash to the night deposit box and was shot by a gunman. Fortunately, the employee wasn’t killed. However, the injured employee not only brought suit against the restaurant operator, but also the marina operator. The suit against the marina operator alleged that the premises were unsafe, and the marina operator didn’t take all necessary precautions, such as not having an armed guard on the premises to protect the injured party.

Although this case continues to play out in the courts, the good news is the marina operator had the proper certificate of insurance, “the hold harmless,” and was named as an additional insured. The restaurant will pick up the first line of defense for the marina operator.

Contracts
Contracts are critical parts of marina operations, and marinas need to pay close attention to the contracts they sign to reduce liability and ultimately, reduce an overall claim expense in the event of a loss. The relevant contracts in this discussion are those the marina enters into with its tenants (including any retail/office space it may lease), its slipholders, storage customers, or repair/service customers.   Continue »