Is this fair?

[SgtMaj]

Re: Is this fair?

99% chance they are not responcible....

and...whats fair, is what you signed in the lease agreement.

really sorry to hear about your loss....that sux

Actually, even if he signed something in the contract that said they weren't responsible, they still are, because that part of the contract would be void.

whether or not he's willing to pursue a lawsuit to recoup his loss is the real question.

If he suspects the marina itself stole it, he should also consider getting a nanny-cam installed on a "bait" boat with a REALLY nice outdrive... then send someone to jail for a while.

 

[Kenneth Brown]

Re: Is this fair?

There's an Alpha 1 on craigslist at La Crosse, WI, unit located at Onalaska, $750.

I have no idea what the population here is or how popular this outdrive is but it looks suspect to me. I would check out this lead and not let on that mine was stolen.

 

[BoatBuoy]

Re: Is this fair?

Actually, even if he signed something in the contract that said they weren't responsible, they still are, because that part of the contract would be void.

whether or not he's willing to pursue a lawsuit to recoup his loss is the real question.

If he suspects the marina itself stole it, he should also consider getting a nanny-cam installed on a "bait" boat with a REALLY nice outdrive... then send someone to jail for a while.

SgtMaj may be right here.

A contract can be written with anything in the world in it. But that doesn't make it binding if it's in contradiction of you state's consumer/fair-trade laws.

Law cannot be written by a contract.

 

[jay_merrill]

Re: Is this fair?

I think the empahsis needs to be on the word may - the issue of bailment is key and it is something that is a very long way from new in such disputes. While it is true that all sorts of invalid clauses get put in legal agreements, whether or not those clauses actually are invalid in a particular case, depends on the law in the state of jusrisdiction. If his state has laws - consumer protection or otherwise - that cover this, he is probably in a good position. If not, he probably has no claim against the marina, because this is something that they probably have a protection against in the storage agreement.

 

[SgtMaj]

Re: Is this fair?

I think the empahsis needs to be on the word may - the issue of bailment is key and it is something that is a very long way from new in such disputes. While it is true that all sorts of invalid clauses get put in legal agreements, whether or not those clauses actually are invalid in a particular case, depends on the law in the state of jusrisdiction. If his state has laws - consumer protection or otherwise - that cover this, he is probably in a good position. If not, he probably has no claim against the marina, because this is something that they probably have a protection against in the storage agreement.

I agree, which is exactly the reason he should contact a lawyer in his area to find out if he's got a case worth pursuing.

 

[Mark42]

Re: Is this fair?

Is your insurance going to cover it?

 

[chaddemler1980]

Re: Is this fair?

I agree with the whole marina thing as far them having everything to gain cuz like i said a few others were stolen as well as a guys throttle and cables all over winter storage... probably end with more people noticing things are missing when more people come in to get there boats ready. called consumer and nothing i can do except leave a grievance. asked my divorce about it and he asked if what was really worth pursuing it, after the at least 500.00 retainer and about 2 months in court just to have a judge say sorry not enough proof marina had anything to do with it. as well as the fact he said the written agreement states the boat is for outside storage and they would not be responsible for damages. so i guess iwill just let it go and learn.... change marina's and install locking bolts

 

[DJ]

Re: Is this fair?

The Marina is a business-Right?

They, probably have signs, posted all over, saying:

"We are not responsible for items left in, or attached to vehicles ".

Right?

If YOU owned the business, what you be thinking?

 

[j442w30]

Re: Is this fair?

That sux big time, like other people said you would probably be best off just getting a new SEI drive. I just pulled an Alpha drive for the first time this weekend and I was surprised by how heavy those things are.

 

[SgtMaj]

Re: Is this fair?

The Marina is a business-Right?

They, probably have signs, posted all over, saying:

"We are not responsible for items left in, or attached to vehicles ".

Right?

If YOU owned the business, what you be thinking?

Just because a sign is posted or it is written into a contract, doesn't make it any more true. If I posted signs and had my victims sign contracts that said that I was not to be held responsible for murdering them... I still would be. Similarly, they are in all likelihood still responsible for any damage to any property under their care. Of course the business should already know that because the first thing any new business owner is supposed to do, even before they open the business, is to talk to an attorney who will explain all this to them, and tell them to get liability insurance. This is exactly what their liability insurance is for, and they know that. In fact, in the end, this claim will likely only raise their premium by about $1/mo. over the next 3 years, or about $36 total. So they want him to spend $1700 himself due to their security problems, instead of them paying $36 to cover it. Does that put it in a new perspective? Yeah, they are being total a-holes... which is just another reason he needs to consult a lawyer about it.

You know, the lawyer phobia that runs so rampant on this board, makes absolutely no sense at all. Why just let people take advantage of you like this? It's crazier than my next project.

 

[BoatBuoy]

Re: Is this fair?

You know, the lawyer phobia that runs so rampant on this board, makes absolutely no sense at all.

Hmmmm.

 

[thefairlaneman]

Re: Is this fair?

I supect an in side job. Evidently the crook shoped what was there and decided to load up. You stuff is either being sold or used to repair someone elses boat for sure.

 

[tommays]

Re: Is this fair?

Do you go after the mall when a thief bashes in your window OR do you file and insurance claim

 

[jay_merrill]

Re: Is this fair?

Although your point about the mall has similarities, its a bit different from a fenced in marina yard that is attended during hours when the gates are open. Its also different because there is no payment for parking in an open mall lot.

What would be closer to the same thing is where there is a limited access parking lot at the mall and where payment is required. But, in that case, just as is probably true here, there most likely is no bailment and the parking ticket probably has language on it stating that. It really boils down to whether of not the parking/storage facility accepts bailment by either word or deed and the law on that issue is well developed.

 

[krisnowicki]

Re: Is this fair?

Well if you have a copy of your agreement I can help you pm me. I am a law student and could give you some free advice pm me

 

[muskyone]

Re: Is this fair?

i would send someone in there to try and buy a alpha outdrive or have the cops ck there recourds to see if thay sold one and to all buy a engraver and put the vin number on things that can and will be sold

 

[SgtMaj]

Re: Is this fair?

By the way, I agree with many of the comments about this being done by the marina... definately needs to be reported to the police, and the issue pressed for them to investigate the marina itself as a suspect.