Legal Question in Personal Injury in California

gas leak in new boat

I recently purchased a brand new boat. On the way to the lake I stopped and filled the gas tank. We smelled gas very stongly and later found the main gas line from the tank to the engine was missing. It ended up spilling about 15-20 gallons of gas in the bottom of my boat. The boat shop actually tried to get me to put the plug back in the boat and bring it back(about a 3.5 hour drive). I refused and they eventually showed up the next day. they fixed the problem but my question is since no one was injured(luckily) do I still have grounds for a law suit? Or do they need to replace it with a different boat?


Asked on 6/20/06, 6:19 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: gas leak in new boat

Why would you want to sue them after they fixed the problem? Did the gasoline leak damage the boat or otherwise make it less valuable? If not then you haven't been harmed and there is no basis for a lawsuit. Even if there was some minor damage, expecting the dealer to give you a new boat seems out of line. Lawsuits are supposed to compensate the plaintiff for harm he has endured, not to leave him better off than he was before.

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Answered on 6/20/06, 9:24 pm
Tom Martin Law Office of Thomas Glenn Martin

Re: gas leak in new boat

I think you're very lucky that no one was hurt and that they corrected the problem. If anyone was exposed to the gasoline you should probably have them checked out by a doctor for toxic exposure. Without more, it doesn't appear that anyone has suffered damages other than loss of time and inconvenience.

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Answered on 6/20/06, 9:26 pm


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