Marina liability

[Bertramp]

A boat with no known problems is being moved by marina personnel.
The engine suddenly has a hole in block.
Is marina liable, as boat was under their care?

[John Swick]

Not likely, read your lease/rent agreement.
Unless you can prove they were grossly negligent.

[JP Dalik]

Although the details are all missing....

I Doubt it....

[Hueso]

Under Puerto Rico law, first you have to look at the contract between the parties. Then, as the incident occurred in the water, federal jurisdiction and law applies. Thereafter, the s#!& hits the fan. "Lawyers.......full legal discovery.....insurance claims...was it seaworthy?......etc, etc, etc.....finally, potential settlement for 1/4 the value of the boat".

[Bertramp]

Boat was very seaworthy and in very good condition.
Same marina did a total go through of engine beginning of season, maybe 40 hours of use since marina did the go through.
Boat used the week before by the owner ... ran great.
Marina was moving the boat for the customer for winter storage.
Message to owner .... it made a funny noise and stopped.
Hull is fine engine ... kaput !
That is all of the known facts

[CamB25]

Sounds like a "force majuere", i.e. bad luck. I can't image throwing a rod through the block without a pre-existing mechanical defect. Do the engines have ECMs that can provide "black box" style data?

[Rocket]

I think it is worth asking the question "how do you put a hole in the block by simply operating a boat?" If they did a pre-trip and checked fluid levels, I can't see how the marina can possibly be blamed. The motor broke, owners cost, pure and simple.

[Rawleigh]

Unless you can prove they did something negligent, like pull the boat out of gear with the engine throttled up, etc.

[Hueso]

"The devil is in the details"....most often facts of what may have occurred are acquired through discovery in a legal process. Expect to receive nothing from your marina.

Recommendations:

- Contact your lawyer and provide him a copy of the marina contract.

- Contact your insurance agent, if you have one, so he may provide you a claim notice.

- Find an expert mechanic so he may establish what cause the engine to fail and request a report with his findings (be sure he will be willing to testify in a court of law).

- If negligent handling of the engine/boat is established by the expert, have your attorney submit a claim letter to the marina's insurance company. Most likely, you will need an attorney to handle your claim as local law may apply in your favor or against you in regards to the the disclaimers and releases found in your marina contract. For instance, under Puerto Rico Law and Jurisprudence, releases do not exonorate from negligent acts.

[Peter]

I'm no lawyer, so I'm not offering legal opionion, but read this to get a helpful handle on things:

http://legal-dictionary.thefreedictionary.com/bailment


Peter

[Hueso]

Peter:

Bailment is affected by contracts. Therefore, first step is to ascertain the boat's owner rights under the contract.