Damage from Ship Wake

[Ray]

The damage to a fishing boat is pennies to those shipping companies.
If a lawyer would get involved, they will pay quick, fast and in a hurry.

Vessels approaching or passing another vessel shall be operated in such manner and at such a rate of speed as will not create a hazardous wash or wake.

Operator shall maintain a proper lookout. The lookout should have seen and reported the fishing boat, and the pilot recommend the ship to a slower speed to prevent a big wake.

What "vessels" are required to comply with the Navigation Rules? In Rule 3 the word vessel includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.

Courts have interpreted transportation to not just include passengers, but also goods or services. The Navigation Rules address vessels, not whom/what is controlling them.

Regarding one's wake, vessels over 1600 Gross Tons are specifically required by Title 33 CFR 164.11 to set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake. Further, there may be State or local laws which specifically address "wake" for the waters in question.

While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property. Nor do the Navigation Rules exonerate any vessel from the consequences of neglect (Rule 2), which, among other things, could be unsafe speeds (Rule 6), improper lookout (Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules.

As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or State Boating Law Administrator.

Title 33 CFR part 173 provides guidance in regards to accident reporting. For most States the issuing and reporting authority is the State itself - if in doubt contact your local Coast Guard Marine Safety Office.

There is a long standing notion of Tort Law--that one is responsible for one's damages--the issue however is culpability and to what degree. These are matters of fact and law.