Hey Bryan,

Here's one interesting precedent, cited by someone over on the Cruising Sailors forum before moderators shut down the thread:

"Arkansas State Highway Commision vs Arkansas River Co...the US Army Corps of Engineers contracted with Arkansas River Company to move a dragline barge on the Mississippi River. TheCorps's supervisor determined the boom on the barge did not have to be lowered from 30 degrees to 15 degrees for the voyage, which involved passing under a certain bridge. The tug captain inspected the barge before departing and assumed the boom would clear the bridge, but the boom struck the underside of the bridge. The district court, affirmed on appeal, held the Corps to be 100 percent liable and rejected the argument that the tug operator should have noticed the boom had not been lowered."

Here's another link that addresses towing issues:

http://www.bullivant.com/Towing-Liability-Part-1

best regards,

Jon