My boat was damaged at a marina berth, who is liable?

Your rights depend on the wording of the berth licence and the facts. Marinas usually include exclusion or limitation clauses, but these are interpreted strictly and may not apply to negligence by the marina, or they may be unenforceable if they are unreasonable or misleading, in the case of consumers under the Fair Trading Act 1986. If the marina failed to maintain its berths, moorings or lines, or did not follow its own procedures, there might be a claim. The owner of the vessel that broke loose could also be liable in negligence if it was inadequately secured. Notify your insurer immediately, since your policy may cover storm damage, and document the damage with photographs and surveys. Gather the berth agreement and any incident reports. The insurer may pursue the others through subrogation.