Does anyone have experience with damage caused by a marina during dry storage or upon haulout or launch of their boat, etc? We have a hold harmless winter storage agreement which I hear is most common around here, but damage was done to our boat upon haulout, caused by the marina. The marina said they would not pay because of the agreement. Other knowledgeable opinions have been that the hold harmless agreement does not hold up when negligence is involved. Any other experiences with this sort of problem?
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Louise
Please give more details (do not need to mention marina) but what happened? who determined it was the marina that was at fault? cost of repairs ? etc The answers will only be as good as the info you put out for discussion.
Please give more details (do not need to mention marina) but what happened? who determined it was the marina that was at fault? cost of repairs ? etc The answers will only be as good as the info you put out for discussion.
What does your agreement say?
I think I would start by reading the agreement. Know what is in the agreement before you confronting them and it just may pay to ask your lawyer. r.w.landau
I think I would start by reading the agreement. Know what is in the agreement before you confronting them and it just may pay to ask your lawyer. r.w.landau
Marina Damage
Two winters ago, my boat had some damage at haulout. I had bought the boat that summer and had it surveyed with no indications of damage. I was not able to be present when it was hauled out, but upon inspecting the boat later, found a small (3-4 inch) crack in the gelcoat. It was right at the waterline, and right where they had placed the strap. (You could tell by the line from the powerwasher). To make a long story short, I pointed it out, along with a copy of the survey indicating no damage prior. Marina estimate of repair was $1000. We agreed to split the cost of repair, which was fine with me, as that was cheaper than my deductible. I thought it was very fair. They didn't immediately offer it up, but agreed when I suggested it. T J
Two winters ago, my boat had some damage at haulout. I had bought the boat that summer and had it surveyed with no indications of damage. I was not able to be present when it was hauled out, but upon inspecting the boat later, found a small (3-4 inch) crack in the gelcoat. It was right at the waterline, and right where they had placed the strap. (You could tell by the line from the powerwasher). To make a long story short, I pointed it out, along with a copy of the survey indicating no damage prior. Marina estimate of repair was $1000. We agreed to split the cost of repair, which was fine with me, as that was cheaper than my deductible. I thought it was very fair. They didn't immediately offer it up, but agreed when I suggested it. T J
There is no common term
as a "hold harmless agreement". Typically in a "hold harmless agreement" party #1 (you) to the agreement agrees to "hold harmless" party #2 (i.e agrees that party #2 is not at fault) for specific acts (or the failure to act) of party #2 that otherwise could cause party #2 to be liable for the damages. Exactly what it says in your "hold harmless agreement" is exactly what the other party is not liable for, no more, no less. Courts tend to interpret hold harmless agreements very strictly. Read the agreement, see if you agree that what you agreed to absolves them of liability. If not, then see your lawyer.
as a "hold harmless agreement". Typically in a "hold harmless agreement" party #1 (you) to the agreement agrees to "hold harmless" party #2 (i.e agrees that party #2 is not at fault) for specific acts (or the failure to act) of party #2 that otherwise could cause party #2 to be liable for the damages. Exactly what it says in your "hold harmless agreement" is exactly what the other party is not liable for, no more, no less. Courts tend to interpret hold harmless agreements very strictly. Read the agreement, see if you agree that what you agreed to absolves them of liability. If not, then see your lawyer.
You will hold them harmless if they purchase
your boat and resell it and it is found to be radioactive. That is, you assume the responcibility for the condition. You do not ever sign your rights away. The courts won't allow it. If they refuse to make you whole, then call in the lawyers.
your boat and resell it and it is found to be radioactive. That is, you assume the responcibility for the condition. You do not ever sign your rights away. The courts won't allow it. If they refuse to make you whole, then call in the lawyers.
Don't we pay Insurance Companies?
Don't we pay insurance companies a fine chunk of change to work that kind of stuff out? They use our premiums to hire all kinds of lawyers and investigators to figure out what happened, who's at fault, and get the repairs taken care of in a professional, and timely manner. Don't they? Good Luck! Tim Brogan April IV C350 #68 Seattle
Don't we pay insurance companies a fine chunk of change to work that kind of stuff out? They use our premiums to hire all kinds of lawyers and investigators to figure out what happened, who's at fault, and get the repairs taken care of in a professional, and timely manner. Don't they? Good Luck! Tim Brogan April IV C350 #68 Seattle
What is the estimate to repair the damage?
If we are talking twice the deductible of your insurance coverage make a claim through your insurer and let them duke it out with the marina's insurance company. If it is minor or cosmetic damage don't bother, its part of boating.
If we are talking twice the deductible of your insurance coverage make a claim through your insurer and let them duke it out with the marina's insurance company. If it is minor or cosmetic damage don't bother, its part of boating.
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