Working for a marina as a mechanic

Bt Doctur

Supreme Mariner
Joined
Aug 29, 2004
Messages
19,111
If you work for a marina and a job comes in to remove a 200 hp e-tec and install it on another boat with a well rotted, alum angle braced transom that moves when pulled on , who is responsable for damage, sinking, or death when the motor falls off?
 

alldodge

Moderator
Staff member
Joined
Mar 8, 2009
Messages
40,718
As a non-attorney, I would say the owner IF the mechanic informed the owner of the transom issue prior to release and the the rotted transom would not need close inspection to notice the issue. I would say it would be the mechanic IF it could be seen without close inspection and the owner was not informed of the issue
 

robert graham

Admiral
Joined
Apr 16, 2009
Messages
6,908
Inform in writing and in duplicate your findings and recommendations regarding the rotted/unsafe transom....then you've covered yourself legally....
 

dwco5051

Commander
Joined
Sep 14, 2008
Messages
2,336
If a lawsuit should occur both parties would be sued. Legal expenses would be incurred by both. The court will decide who pays damages but every one ends up paying legal fees. Then the owner might sue the mechanic or vice versa thus incurring more fees. I have never known an attorney on food stamps.
 

Grub54891

Vice Admiral
Joined
Jun 17, 2012
Messages
5,911
Just had one the other day. Told the owner his transom was rotted, and it's to dangerous to use the boat with any motor before the transom, and possibly the stringers are repaired. He felt bad but is going to scrap the boat. He said it served me well for 30 years, time to let go.
 

89retta

Senior Chief Petty Officer
Joined
Jul 18, 2010
Messages
772
I work in the autobody trade and I flat out refuse to do anything that may cause injury or death to a person. More then a few times I've pulled cars off the road as they were unsafe. One van came in for rear bumper as they got rear ended. Checked the it over and the front strut towers were so rusted I was surprised they were still holding. Guess my thoughts are they can fire me before I put some ones life in danger
 

Old Ironmaker

Captain
Joined
Dec 28, 2015
Messages
3,050
A mechanic is simply an agent of management. If anything was misrepresented by the worker then there is English jurisprudence tort law that comes into it. As a worker of any discipline start refusing to perform work contracted by management based on personal opinion and watch how long you will continue your employment, unless it directly affects the workers own personal health and safety, not others. (based only on The Occupational Health and Safety act (1978) in Ontario)

Hold on a minute I always said I won't practice law or medicine without a license so scrap what I said. The internet is the worse place to ask advice for law and medicine. See a Lawyer or a Doc for professional advise, even then it might not be accurate.
 
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