marina liability for motor stolen awaiting repair

[Dan McGuire]

Depends on the State

Laws are different from state to state. The "Do not Swim" analogy does not work because swimming is an attractive nuisance. There is nothing about the motor which poses a danger.Right or wrong I prefer that the boat owner take his own responsibility. If the owner of the marina is guaranteeing to protect your boat and motor, then that becomes a cost of doing buisiness. That cost will not be borne by the marina; it will be borne by the boat owners. I would prefer to keep the cost down by taking personal responsibility. I only expect the marina owner to take reasonable precautions.

 

[Monty VM]

attractive nuisance

No offense Dan but neither the activity of swimming nor pools have ever qualified as an attractive nuisance. an attractive nuisance is something that is unreasonably dangerous and entices children who are not capable of appreciating the danger to it thereby creating an unreasonable risk of harm.

 

[Norton]

Part of the cost of business for a while

 

[Dan McGuire]

Swimming Pool Does Qualify as Attractive Nuisance

At least in some jurisdictions. Almost thirty years ago I was in Germany. A friend of mine, James Flannigan, lost his son in a swimming accident in a US controlled quarry. There were posted signs. His lawyer was F. Lee Baily, the first time I had heard the name. That was also the first time I heard the term, "attractive nuisance". He won because it was an attractive nuisance and there was not adequate safeguards agains unauthorized entry.It all still varies by state. I am not a lawyer, but when I first started using my present marina, I asked around. It was the general consensus, that I was responsible for my boat. If I do not properly secure something, it is my fault, not the marinas, which is as it should be. It is possible that I could sue and possibly win, but it will generally cost more than its worth.BTW I took the lock off of my motor, because I got tired of the noise. If someone steals the motor it is my fault and I wouldn't expect anyone else to be responsible.

 

[Norton]

Sorry for your loss Dan

Hope things straighten out for you soon.

 

[Dan C30]

this time Dan Mc right, Monty's wrong!

in this state (FL) swimming pools are considered an attractive nuisance and although Monty is correct in his difination, he is wrong in his application. but, my point was not to compare an "attractive nuisance" to a "bailee" but, in that "signs" swim at your own risk, and "contracts" shop not liable for owners goods" don't mean anything unless there is a law to back it up. and Dan Mc is right in saying that laws are different from state to state. BUT, laws are applied differently from person to person depending on which Judge you happen to be standing in front of! SOOOOOOO, it all boils down to what the Judge says it means!as far as taking "personal respondiability" (sp)when I turn over ANYTHING to someone else, it's their respondiability to get it back to me just like it was when I "turned it over to them". be it in the parking lot at my office or marina.ps: thanks for the well wishes Rob!

 

[jk kudera]

Your answer may be

did the Marina have your motor in their CARE CUSTODY and CONTROL? If you gave the motor to them for repair, and they did not protect it, they may be responsible for the loss. Your work order may also say, NOT Responsible for fire theft,etc. Call an attorney to be sure.

 

[Monty VM]

quarry

you are quite right about a quarry and admittedely I dont know about florida but if a pool in and of itself is an attractive nuisanse that is a substantial departure from the restatement of torts.

 

[Stu Jackson]

Ah, well...

too bad this one got the most attention...StuPS Hope it all works out for you.