Legal Question in Civil Litigation in California

My boyfriend owned a boat, he rented it out, the person that rented it signed an agreement/contract that he understood and agreed that if anything happened he was liable and would not and could not sue. While out on the boat, the guy had several people that were not supposed to be on the boat, they broke the wake tower which fell onto a girls arm and broke it. The guy returned the boat damaged, as the tower fell onto the engine and damaged it. Now my boyfriend has been served by the girl that was injured. There was no insurance on the boat, and it was made clear that there was not. My boyfriend has since sold the boat. He is not a wealthy guy. He is 26 years young, and cannot afford an attorney. Given that he had a contract with the guy, and the girl boarded the boat at her own risk, what are the chances that they could win this suit? Can my boyfriend represent himself? Is there any chance that my boyfriend could counter sue for the loss incurred due to the damage to his property?


Asked on 1/27/12, 8:08 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Your boyfriend is going to need to find the money to hire an attorney to look at the written contract, listen to all the factual details of the accident, respond to the lawsuit and cross-complain against the renter of the boat and those at fault, deal with the woman's attorney, etc. He was extremely foolish not to have insurance. He may not have been negligent, based upon the facts you relate, so might escape liability in the end, but unless you can convince the woman's attorney that he is judgment proof, he will not be dropped from the suit and probably will not even be dropped no matter what. I doubt he has the background to represent with any degree of success himself. The woman did not accept the risk of the wake tower being broken off and will get damages against someone. The contract with the renter at best protects him from the renter but not the woman. He can sue for his own damages including loss of rental income, but does the renter have any assets that can be used to pay for the damages? The lawsuit must be answered within 30 days of service.

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Answered on 1/27/12, 10:45 pm


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