Legal Question in Product Liability in Florida

Rental company product liability

A steel hull houseboat breaks anchor and is pushed against rocks resulting in hull breach and taking on water. Owner beaches houseboat in two foot of water. Owner rents a gas powered water pump from an equipment rental company. Pump performs excellent

and boat floats. While attempting to get into marina for repairs gas water pump stops operating for unknown reasons. Boat takes on water due to pump will not stay running and sinks. Is rental company liable?


Asked on 5/02/09, 2:02 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Rental company product liability

Not without proving why the pump stopped and that the reason was in some significant measure the result of the rental company's negligence. If you can show that the pump was defective, the manufacturer may be responsible, but -- again -- you will need to determine the reason for the pump failure.

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Answered on 5/02/09, 1:20 pm


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