Legal Question in Civil Litigation in Maryland
intimadation by customer that is an attorney
We sold customer a boat with twin 45 Hp outboard motors about three or four years later he wanted more Hp we had sold the same boat with 90hp motors and have not had problems with the additional weight of the two 90's over the twin 45's the added weight is approx 400 lbs.and the installation was done with the 45's taken in trade the balance cost to the customer was approximately $9,000. The customer says his boat sank because of the added weight and wants me to replace the twin 90's with new twin 50's that weigh the same as the 45's originally on the boat.
the motor mfgr Honda has come out with new 90's and the old 90's will be hard to sell as used trade-ins that were under water. I quoted the customer what I would charge for the swap and he said no way it was my fault that the boat sank with the added weight of the 90's and he was not going to pay anything more for the swap othe than the labor to remove and install the motors with another contractor. and said if I didn't take the deal on his terms he would have his attorney file suit to recoup the money paid for the 90's and install the 50's at no cost because his 45' trade-ins have been sold. He is basically trying to intimidate me since he is an attorney to make the sale.
3 Answers from Attorneys
Re: intimadation by customer that is an attorney
I don't know who's going to win the lawsuit that will undoubtedly be filed but i do know that the defense of the claim may cost $2500 to $5000 if you need the assistance of a lawyer.
You should probably sit down with a lawyer and go over the documents and you will receive a better opinion as to how you should proceed. An initial consultation with our office would cost $300. Some firms may meet with you initially for free. Good luck.
Re: intimadation by customer that is an attorney
Since this is the first known instance of that type and size of boat sinking with the 90hp engines, it's questionable that the heavier motors were the cause of the capsize. If you're confident that there was nothing wrong with the 90hp engines and that they were suitable for that boat, then you should resist his intimidating tactics. You might want to consult a rep of the engine manufacturer to make sure you're on solid ground--you may need him as a witness if this case goes to court.
Re: intimadation by customer that is an attorney
Just a few factual questions:
What was the weight capacity of the boat? Have 90s been put on the same boat with no problems? How many people were on the boat when it sank?
You may want to consult with an attorney now if you feel there is a high likelihood of the individual filing a complaint. Contact me to discuss.
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