Legal Question in Product Liability in Florida

I bought a boat in the summer of 2006 from a local dealer. The motor was warranted from the motor manufacturer for 2 years. I bought a marine service agreement at the same time to extend the warranty on the boat motor to 6 years total. I had a motor failure July 2009. After charging me for removing the motor to diagnose the problem, it was found that a boot was not fully sealed by the motor manufacturer who originally installed the motor (back in 2006). I have taken my boat in for service regularly every year since getting the boat. At no time did anyone find a loose boot. The warranty company will not warrant and has exclusions against boot or seals. Now the motor manufacturer, the boat dealer, and the warranty company will no longer warrant the work (1st estimate to repair was $3220). The boat dealer has since come back to me with a (2nd estimate $2100). I feel this is a hidden manufacturers defect and that Volvo and the dealer (who inspected the boat before sale) is liable for the damage even though the boat is technically out of warranty. If the defect would have been found and corrected inside the warranty period, then the warranty would have applied and the boat would have been fixed. I believe as the consumer, I have taken every step to try to avoid this situation and the blame is clearly on the manufacturer and the boat dealer. (The boat dealer is the only place I serviced my boat)

Asked on 8/24/09, 12:24 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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0 attorneys agreed

sounds to me like this is more likely just a claim of negligent repair and servicing by the people you bought the boat from.

Answered on 8/24/09, 12:36 pm

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