My Boat was 1/3 full of water....

[pgdignan]

Re: My Boat was 1/3 full of water....

ok well ( coming from the law school student) the mechanic while in the possession of your boat he had a possesory interest in your boat. The law handles property uniquely. If in his possession or by his possessing it:
a. he diminshed the value or quality of the item
b. he intermedled with your use of it
c. he exercised domain over it
d. or he caused you bodily harm while doing so.
Also if doing this he refuses to return it or delays returning it to you then he is guilty of conversion.
SO what this means for you is he is responsible for all damage you can attach him to causing. As to the drain plug you could argue that he ignored a subsantial risk that reasonable person would have seen which would make him negligent and you would defintly have a claim against him for any damages.
Bottom line asses the damage then asses them to the proper party and be made whole.

Bud, you need to get through the rest of law school before you start offering advice. Release of the boat to the mechanic is an entrustment and/or bailment depending on the terms of contract. If the mechanic didn't charge for the storage the court will likely view it as a gratuitous bailment for the benefit of the bailor...duty to prevent waste attaches. There's enough bad advice from quasi-lawyers already floatin' around on the web. The mechanic never had a "possessory interest" in the boat, the owner didn't pawn the boat and the mechanic didn't file a lien, the only way the mechanic could be found guilty of conversion is if he sold the boat. I think you're confusing your "real property" text with fungible personal property.

 

[GaBoy]

Re: My Boat was 1/3 full of water....

What does bailment and fungible mean? Mighty big words for people who love boats and spending time relaxing and fishing.

 

[country_bumpkin]

Re: My Boat was 1/3 full of water....

Alot of times I would take the plug out on the ramp, usually little or no water would come out, only took a second, then put the plug back in.

Guess what I'm saying it I usually stored it, plug in. Was that a mistake? I always had the boat covered though. It kills me to see these nice looking boats sitting out in the sun and rain all summer without a cover.....not only does the cover keep your boat dry, but man, the sun will just eat away at your interior.

When I did take the plug out I used a small piece of electrical tape and taped it to the key.

Sounds like your mechanic is a hell of a nice guy. Hope all comes out well for you.

 

[newbie4life]

Re: My Boat was 1/3 full of water....

Oh no sounds like we may have one of the type lawyers we hear on TV commercials here. WE WILL GET YOU WHAT YOU DESERVE

That's exactly what I thought too. It's a shame when something like this happens, and right away its, 'I wanna sue, to teach someone a lesson', or 'what are my legal rights?'

Shows where we are in society these days. I made a mistake when I purchased my boat -- the boat sat for 2 years. I ran it, without replacing a 5 year old impeller. Now, I had no idea that's what needed to be done -- I learned about it, while my engine was being rebuilt, on Iboats.

But, I didn't try to go after the previous owner, to get him to pay for it, because he never told me it needed it.

Bottom line is this: Education still costs money. The fact that your mechanic is replacing parts, well, I'd thank him for being a great guy.

And then, I'd pay him for the work he did. I realize money doesn't grow on trees, but then, I'd rather be broke, and looked at as a stand up guy.

 

[mrfixitman40]

Re: My Boat was 1/3 full of water....

if nothing else i think i would pay for the parts . you sad he was fair at the beginning if he has to pay for parts it will have to be made up somewhere and that is probably gong to be in the hourly rate . It seems like he is a nice guy to be doing it for you since I don't feel it is his fault . Basically you are saying if someone does an air filter in your car and you leave it set for 3 months or more and a mouse makes a nest is that the mechanics fault when you have harnesses chewed up and the car won't run.

 

[CrowdedHouse]

Re: My Boat was 1/3 full of water....

More information regarding my original post...When I picked up my boat I learned from my mechanic that the other four instances he had with "plug" issues were just the opposite...when he took boats out of the water to have it "winterized" and put it away for the winter, he would leave the plug out as he should...the boat owners would not put the plug in before they put it in the water, thus, lots of problems..they would blame it on him...as far as my issue, you should be responsible for your actions, any boater, mechanic, future lawyer would know...Don't store the boat with the plug in! If I put it in, for whatever reason, I'm responsible for taking it out..if my mechanic put it in, he's responsible for taking it out...stop comparing boats with cars....that's another website....

 

[60 grit sandpaper]

Re: My Boat was 1/3 full of water....

PLUG is a four letter word.Used every day by boaters.Check your plug every day.Your mechanic has enough on his plate.Lets hear from the guy who has never forgot his plug.LAWYER is a bad word and should not be used in this situation.Be thankful you have a good mechanic.