Who is responsible???

General Boats and Motors
1

I was presented the following question today and the answer was completely obvious to me but apparently not everyone agrees. What you guys think?

If you take your 17 to 25 foot boat (not talking sporties here) to a marine mechanic for service and when you brought the boat in it had the rear drain plug in place. While working on the boat the mechanic removes the drain plug and does not put it back in. Now you trailer the boat back to the water and drop it in without the drain plug installed. It fills with water and causes damage.

Who should pay the bill??

Behind this helm stands a sickness that not even a women can cure.

2

Checklist…

  1. Make sure you have beer
  2. Check plug
  3. Check bait
  4. check ice

You forget any of these… you’re an idiot!
Not the mechanics fualt… IMO.

2502 trophy twin 175 mercs
“The Rum Runner”
For sale… $12.5k Get offshore cheap!!!

3

I would say you,that should always be checked before launching.

4

I say the guy that put the boat in without checking plug. Unless he specifically told the shop not to remove the plug. I personally don’t think the plug should be in once it is out of water and put on the trailer and then put back in when about to go back in water. Making sure the plug is in before launch is one of the responsibilities of the boat operator. He failed to check plug so it is his fault. Would have been nice if the mechanic mentioned it.

5
quote:
Originally posted by coates2122

Checklist…

  1. Make sure you have beer
  2. Check plug
  3. Check bait
  4. check ice

You forget any of these… you’re an idiot!
Not the mechanics fualt… IMO.

2502 trophy twin 175 mercs
“The Rum Runner”
For sale… $12.5k Get offshore cheap!!!

I agree with you sir! :smiley::smiley:

This is still pending so let the water settle then I will tell the whole story. But I agree, the plug is simlar to the parking brake in your car. Need to make sure it is in the proper location before operation.:wink:

Behind this helm stands a sickness that not even a women can cure.

6
quote:
Originally posted by coates2122

Checklist…

  1. Make sure you have beer
  2. Check plug
  3. Check bait
  4. check ice

You forget any of these… you’re an idiot!
Not the mechanics fualt… IMO.

2502 trophy twin 175 mercs
“The Rum Runner”
For sale… $12.5k Get offshore cheap!!!

I might ammend that list to:

  1. Check plug
  2. Make sure you have beer
  3. Check plug
  4. Check bait
  5. Check plug
  6. Check ice
  7. Check plug

White Trash
Sea Fox 236
200HP Suzuki

7

I’d still ask the service guy to report anything he does to your bote* while it is in his yard. plug, battery terminals, wiring, removing the anchor, etc, etc…

And the sea shall grant each man new hope as sleep brings dreams of home ~ Don Cristobol

The Morris Island Lighthouse web page
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8

I can’t imagine anybody thinking the mechanic is responsible. The owner’s a moron for not checking the plug.

This one’s a no-brainer.

Just trying to learn every bit I can about saltwater fishing…

9

personal responsibility - always, always, always check you plug.

did I mention you should always check your plug?

2008 Sea Fox 197 CC
2008 Suzuki 140

10

My plug stays in my boat. I remove it maybe twice a year. I assume its in unless I have personally removed it.

If the mechanic takes the cowl off the engine, who’s responsibility is it to replace it? If they fill your oil do you expect them to put the filler cap back on? If they remove your safety gear to gain access to a hatch is it their responsibility to replace the gear? Why would a drain plug be any different. I mean hell, it can only cause your boat to sink… When you take your boat or vehicle to the shop for repairs, you expect the repair to take place and everything else in the same working order as when it was taken to the shop.

Yes its good practice to check your plug, but if the mechanic takes it out, the mechanic puts it in. This is a slam dunk its the shops fault.

11
quote:
Originally posted by duckduckdog

personal responsibility - always, always, always check you plug.

did I mention you should always check your plug?

2008 Sea Fox 197 CC
2008 Suzuki 140

I check it at least twice, once when I leave the house and I stop just short of water and walk back and double check again, even had a few times I was in a hurry and stopped a 3rd time to check.

Don’t really see where it was mechanics fault but he should have told someone he removed plug

Sea Pro 210cc
Yamaha 200 4 Stroke
Dodge 1500 4x4 HEMI

12

Captain’s responsibility. Every time. No questions.

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13

BS, the mechanic took it out, he should have put it back.

14

While the mechanic should have put the plug back in, I would still say that as the operator, you should always check (among many things) your plug before you put in. Why rely on someone else to do it when it takes seconds to make sure?

15

Let’s play a game:

Duty of the shop -
Shop has responsibility to take reasonable care of customers boat while the boat is in it’s possession. During the course of repair and storage, shop will remove parts to gain access to effect repairs and replace them when done.

The shop also has the responsibility to secure the boat and to keep it from “sinking” in the parking lot including removing drain plugs and elevating the trailer so that rain water will not collect in the decks and bilge. The shop should make note and advise customer where the plug was stored (glove box, dash box, etc.)

Breach -
Removing the plug is not a breach of duty and is considered a good practice to protect the boat and to remove any water from the bilge for the safety of the boat and for possible repair access. However, the shop removed plug and did not advise owner where they placed the plug.

Causal Relationship:
Failing to advise owner plug was moved and where it was stored, customer sank boat when he put it in water.

Apportionment:
25%

Duty of Boat Owner -
Before launching or using the boat, the owner has the responsibility to insure that the boat has all safety equipment on-board, all equipment is in working order and to inspect the sea-worthiness of his boat, including checking the plug and insuring it was in securely.

Breach -
Owner failed to properly insure his boat was seaworthy including checking that his plug was secure before launching his boat.

Causual Relationship -
Failed to put his boat plug in and sank his boat.

Apportionment -
75%

…and then the attorney’s get involved…:smiley:

/reading the thread, it looks like the jury of your peers would rule in favor of the shop.

“I am constantly amazed at the stupidity of the general public.”
~my dad

Equipment:
190cc Sea Pro w/130 Johnson
1- 14 year old
1 - 10 year old
1 - wife (The Warden)

ECFC

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16

If you leave your drain plug in and rain water fills the boat and causes damage( for those of you who do not think this is possible remember some 2-stroke remote oil tanks are not air tight and may be in a low part of the boat) if water gets in the oil tank it will go straight to the bottom of the oil tank and the rest is history, so who is responsible this. You or the dealer!

17

Captain’s responsibility. PERIOD

Fishb8 (Fish Bait)

CharlestonFishing.com College Football Parlay Tournament “college football guru.”

23 Sea Hunt “My Last Boat V”

If you can’t stand behind our soldiers, try standing in front of them.

18

It is definately the owner’s responsibility. I don’t know who told the owner that is was a good idea to leave the plug in (while the boat is out of the water) to begin with. In my opinion the mechanic was doing the owner a favor by taking out the plug to ensure it did not fill the bilge with water while in his possession.

normally i’m on the consumer’s side, but it is obvious to me who’s fault this is.

19

Let’s use a little airplane logic…

Even though a properly rated technician with an inspection authorization can certify the airworthiness of an aircraft, the law (FAR Part 91.3a) states “The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.” That’s the reason I pre-flight a plane every time I start an engine…even if I’m only ground running.

Does there need to be a law that the operator of the boat has the same responsibility, or shall we simply stick with common sense.

The more we just complain…the more things stay the same.

20

common sense and personal responsibilty were in a tragic accident with entitlement and I deserve… niether common sense nor personal responsibilty survived.

2008 Sea Fox 197 CC
2008 Suzuki 140