WSVN — If you own a boat and keep it in the water, what happens if another boater races by, creates a wake and damages your boat? Do they have to pay for the damage? It’s why one boat captain called Help Me Howard with Patrick Fraser.
When Michael Picavet retired and bought his boat, he got his captain’s license to make sure he knew what he was doing.
Michael Picavet, damage from boat wakes: "I went to sea school and one of the first things we learned was be considerate of other boaters. You are responsible for your own wake."
Michael docks his 52-foot Luhrs in Hollywood and considers himself considerate– as for some other boaters, well, not exactly.
Michael Picavet: "They’d go by and their wake would just rock the boats and smash them unto the pilings on the side and start causing damage."
Michael says when a smaller boat goes by too fast, the wake is no big deal… but when a big water taxi comes through– it’s trouble.
Michael Picavet: "There was one wake I couldn’t believe and how fast they were going. And they were full of passengers."
Michael docks between two no wake zones and called the water taxi company to get them to slow down.
Michael Picavet: "He just tells me the captain of the boat, said it was some other guy and blamed it on him."
To prove the water taxis were causing damage, Michael started videotaping them as they motored by.
Michael Picavet: "And they went by again and it just smashed the boat into the piling. I got damaged on the rub rail on the side. It’s stainless steel and composite material behind it, it’s all smashed up."
Michael has tried different ways at his boat slip to protect his Sports Fisherman from the wakes, but it doesn’t work.
Michael Picavet: "And no matter how far I pull the boat to one side, it always ends up with their bad wakes. It stretches the lines and just smashes into the docks."
When the water taxi company didn’t slow down, Michael called law enforcement agencies that patrol the area.
Michael Picavet: "We’ve called the police numerous times, the Coast Guard, they have called from the condos. They get a lot of complaints from the boaters who park here because their boats get damaged."
But law enforcement doesn’t slow them down and the water taxi captains, trying to stay on schedule, keep rolling by.
Michael Picavet: "I want compensation for the damages I’ve sustained from the whole thing, but I also want them to slow down and be considerate."
Well Howard, if a boat’s wake damages your vessel, is that boat’s operator responsible?
Howard Finkelstein: "Yes… it doesn’t matter if it’s a no wake zone or not, you must operate your vessel in a reasonable manner under the circumstances. If you don’t, and are careless or negligent, you are responsible for the damage the wake you create causes."
When we first talked to the owner of the water taxi company, he told us he was not aware of this and was taking it seriously. He also added he is not sure it’s his boats causing the problem, that other boaters may be creating damage, but he told us he had talked to his employees and they have made changes to ensure his water taxis do not create damaging wakes.
He and Michael are also meeting to try take care of the damage Michael says the taxis caused his boat.
Howard Finkelstein: "There are too few police patrolling the waters to realistically catch all the boaters operating carelessly and damaging other boats. The best thing to do if you have this problem is videotape it like Mike did and turn that over to police."
Michael hopes the changes protect his boat and hopes other boaters are now aware– if their wake causes a problem, they are responsible.
Michael Picavet: "You have to be considerate to other boaters and other boats. If you are in a no wake zone, take it easy. If you see boats in a dock, slow down."
Boat operators need be be careful, but so do the people who dock their vessel… they have to secure it properly, put in bumpers, and other things like that to avoid damage from the wakes.
Problems got you feeling like you are taking on water? Ready to dock the headache? Sail our way. We are a-wake and will hopefully be able to keep you afloat as you motor away from trouble. With this Help Me Howard, I’m Patrick Fraser, 7News.
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