I agree that the storm is an "Act of God", but (on the other side) each boat owner was required by contract with the Park District to tie down their boats at all times which many ignored. In effect, they are using the "Act of God" as an excuse for their own negligence. An "Act of God" can and should be foreseen and efforts should be made to ameliorate the negative effects of it.In this particular storm, damages were substantail, anything from completely broken masts to smashed hulls. I might add that NONE of the boats that were firmly anchored moved, so this was a completely preventable accident.
Our problem was that in this particular case the perpetrators (the ones inflicting damage and refusing to pay for it) should have known better (they were the commodore of our local sailing association.
I just wondered how such disputes are handled in your local sailing communities.
I'd love to hear from more sailors on this issue. Thanks!!!
