Legal Question in Civil Litigation in Florida

damage liability

I purchased a new boat 19 months ago for $ 198,000 from a dealer. I took the boat to the dealer for warranty work. While at their dealership they took the boat and unloaded it and took it for a spin, which It have any problems that needed driving in my opinion. When I went and picked up the boat they said that they broke the trailer and had it repaired. And that tehy damaged the front of the boat which they had repaired with color difference in the gelcoat which they said they would fix. They ask me if I knew the cabin door was damaged, and I said no. That weekend I was diving in the Gulf and noticed that there was fiberglass patching under the boat where major damage or a hole was repair, which I was not told of. Along with the untold hull damage, and the badly damaged cabin door, the sink cabinet was also cracked. Our dive number book which was by the microwave was soaking wet and blurred from water. I've never sued anyone and don't want to except I have a 200,000 boat with hull damage. Question: What do I do about this? Or do I just chalk it up with owning a boat?


Asked on 11/14/07, 9:03 pm

4 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: damage liability

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is certainly not a normal situation and one which should be chalked up to owning a boat. If the dealer damaged your boat, they have an obligation to first notify you, then to repair it to the same condition it was in when you brought it to them for repairs. You should have your boat appraised by a qualified boat appraiser and/or looked at by an authorized dealer for the same manufacturer to inspect for all damages incurred which may include additional unseen problems. Then, if they dealer refuses to make good, you should go directly to a qualified attorney who can handle this kind of matter.

Scott R. Jay, Esq.

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Answered on 11/15/07, 12:04 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: damage liability

I agree with prior counsels responses. If damage was done to your boat via negigence, you have a proper legal claim. Before filing suit, you might want to have an attorney do a demand letter in an attempt to resolve the matter amicably. If you would like to consult with my office, please feel free to call.

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Answered on 11/15/07, 9:53 am
David Slater David P. Slater, Esq.

Re: damage liability

I would have the boat inspected for damage by a marine repair specialist and determine the cost to repair it properly. A claim should be made.

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Answered on 11/14/07, 9:15 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: damage liability

No -- it is not about owning a boat. If they broke it, they need to repair it or pay to have it repaired. Get your boat looked at by a professional. Be aware, claims for such damage are covered under admiralty law -- not generally your basic tort law -- so it is important that you consult with a lawyer experienced in admiralty law. We do.

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Answered on 11/14/07, 9:38 pm


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