Question

A boater, caught in a sudden storm and reasonably fearing that her boat would capsize, drove the boat up to a pier, exited the boat, and tied the boat to the pier. The pier was clearly marked with "NO TRESPASSING" signs. The owner of the pier ran up to the boater and told her that the boat could not remain tied to the pier. The boater offered to pay the owner for the use of the pier. Regardless, over the boater’s protest, the owner untied the boat and pushed it away from the pier. The boat was lost at sea.

Is the boater likely to prevail in an action against the owner to recover the value of the boat?
(A) No, because the owner told the boater that she could not tie the boat to the pier.
(B) No, because there was a possibility that the boat would not be damaged by the storm.
(C) Yes, because the boater offered to pay the owner for the use of the pier.
(D) Yes, because the boater was privileged to enter the owner’s property to save her boat.

Answer 1

Answer: (D) Yes, because the boater was privileged to enter the owner's property to save her boat.

Explanation: Boaters are generally privileged to enter another person's property to save their boat in an emergency situation, such as when caught in a sudden storm and reasonably fearing that the boat would capsize. In this scenario, the boater had the right to tie her boat to the pier in order to prevent it from being lost at sea. The owner's actions in untying the boat and pushing it away from the pier, despite the boater's protest, may be considered a violation of the boater's right to save her property.

The fact that the pier was marked with "NO TRESPASSING" signs and that the boater offered to pay the owner for the use of the pier would not necessarily prevent the boater from recovering the value of the boat. The boater's right to save her property in an emergency situation would likely take precedence over the owner's property rights in this scenario.

It's worth mentioning that the outcome of a legal case depends on the specific circumstances and laws of the jurisdiction where the incident occurred. It would be advisable to consult with an attorney specialized in maritime and property law to better analyze the case and predict the outcome of the suit.