The owner and master both have a responsibility to properly secure the vessel. In this case the vessel was not properly secured. Failure of basic duty #1. The owner and master have the responsibility to maintain an adequate watch for the condition no matter where the boat is. Marina, At Sea, or in a "Approved Mooring Field". The location does not change the responsibility or duties to maintain an adequate watch for the conditions. The boat was in at best a partially protected location where the hull could float away into the open sea poorly secured to a single fitting. The hull that was not properly secured and somehow slipped its moorings and was damaged. Likely marine life and environment suffered damage. The owner and captain are clearly guilty and liable for both failure to properly secure the vessel and the complete failure to maintain an adequate watch for the conditions. All liability for any and all damages rests with the master in command and the owner. “Every vessel shall at all times maintain a proper lookout by sight and hearing as well by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.” In case the hull was involved in a collision and suffered major damage. The responsibility lies with the person in charge and the owner for multiple failures including failure to make a a full appraisal of the situation. The boat drifted off an no one in the chain of command noticed or took adequate action to protect from and mitigate any potential damage.
