I’ll admit defeat on here, but I bet if it went to court, or was threatened to go to court under this scenario, the shops insurance company would be shelling out money for a boat.
If I owned a shop, I would have a disclaimer on the work request the customer signed, which put the onus of the responsibility for that on the boat owner, and removed the shop from any damages.
It certainly is not the mechanic’s fault. It’s the boat operator’s responsibility to check his plug before each and every use on a trailered boat. The mechanic has to take the plug out because, if he doesn’t, the boat can “sink on the trailer” while sitting in his yard if it rains too much before the owner picks it up. This is a very common dispute, BTW. Some dealerships are putting red tags on then trailer tongues nowadays, that say, “check your plug”.
Gotcha Covered,
Lee Strickland
Strickland Marine Insurance, Inc.
843-795-1000 / 800-446-1862
After reading these reviews I think maybe the state should require everyone to take a boaters course before operating a boat… It’s amazing the number of people who just don’t have a clue about how to operate or maintain there boats…
quote:That is all well and good but, isn't there some kind of insurance I could get that exempts me from having to know anything and would excuses me from any damage I might do either intentionally or unintentionally. :wink: There seems to be a big market for it.
Originally posted by gotchacoveredIt’s the boat operator’s responsibility…
Gotcha Covered,
Lee Strickland
Strickland Marine Insurance, Inc.
843-795-1000 / 800-446-1862
quote:
Originally posted by Open BarIf there are any lawyers on here I sure wish they would chime in on this.
quote:
Originally posted by Open BarI’ll admit defeat on here, but I bet if it went to court, or was threatened to go to court under this scenario, the shops insurance company would be shelling out money for a boat.
I am a lawyer, and - with all due respect - I would laugh you out of my office if you came into see me wanting to pursue this case against the shop. And, I can assure you that the shop’s insurance company would not be cutting a check.
Two issues:
First, as has been noted many, many times in this thread, it is customary for the owner of a boat to check the plug every time he puts the boat in the water.
Second, the boat owner took possession and responsibility for his boat when he took it from the shop. Don’t blame the shop for something you did yourself…miles away from the shop.
The comparison to having your car worked on and then having to check oil filters, fittings, etc. is completely non-applicable. What does apply is this: you take your car in for work, and the mechanic opens the sunroof for some reason. Then you pick up your car with the sunroof still open. You leave the sunroof open, and it rains the next day. The auto mechanic is not responsible for water damage to your car. That’s your own fault for not closing your freaking sunroof.
The ONLY thing that would make this a situation where the boat owner would likely prevail is if the someone from the shop had actually put the boat in the water w/o the plug and THEN turned over possession of the bo
quote:
Originally posted by TyOneOnquote:That is all well and good but, isn't there some kind of insurance I could get that exempts me from having to know anything and would excuses me from any damage I might do either intentionally or unintentionally. :wink: There seems to be a big market for it.
Originally posted by gotchacoveredIt’s the boat operator’s responsibility…
Gotcha Covered,
Lee Strickland
Strickland Marine Insurance, Inc.
843-795-1000 / 800-446-1862
This bring up a good point. If it is determined the customer is a fault will his insurance pay for this?? If the dealership leaves his parking brake on and he burns up his brakes will his insurance pay for that??
Behind this helm stands a sickness that not even a women can cure.
Stupidity is not an exclusion.
You’d need to read the policy and exclusions. There may be an exclusion for “Unseaworthtiness” which may be defined as:
“Unseaworthy” and “unseaworthiness” means a vessel, its machinery and equipment:
a. that is not reasonably fit for its intended use because of neglect or a lack of maintenance;
Putting the boat in the water without the plug could possibly be considered “accidental” if you forgot to put the plug in, thought someone else put the plug in or if it fell out during transport.
But,is failing to check on the plug before launching the boat neglect and lack of maintenance that renders the boat unseaworthy? I’d say any boat without a plug is not seaworthy and failing to check on the plug is neglect.
“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
This could have been bad but, they remembered to put the plug in. 
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It is obvious, we are all happy as long as someone else pays for our ignorance, you just can not fix stupid!!!
I’ve been in the marine business for 24 years, theres not a shop around that doesn’t take drain plugs out, most shops have signs or a note on the repair order, I’ve seen plenty of starters replaced for free because the plug was left in the boat while it was on the yard and the rain water fileld the bilge. Every time you see some one leave the plug out when they put the boat in the water, the first thing they say is, “I never take the plug out!I allways leave it in so I won’t forget it”. Common logic, take the boat out of the water, take the drain plug out, put the boat in the water, put the plug in the boat. Iguees teh guy tryign to blame the shop is probably the same guy who loads all his gear after he’s backed down the ramp, leaves his truck parked on the ramp till after he’s loaded the rest of the family at the dock, takes forever to load teh boat, then stops at teh top of the ramp to unload everyone and everthign from the boat while 20 other people wait to use the ramp he has tied up. I keep saying they should have an IQ test to operate a boat, but it would probably hurt my business
spareparts - I’m of the opinion that it should go the opposite - put the plug in the boat, put the boat in the water… 
2008 Sea Fox 197 CC
2008 Suzuki 140
I think there is no question, soon we
will have a boat operator’s license same as driver’s. And, yes, many people don’t have enough mechanical knowledge to own or operate a boat, so we do need a course for beginners; probably for some experienced operators also, like myself for one, and probably the operator in question here. Today we have many boat owners who are computer geeks by trade, or who pay for everything to be done on their boat.
“The big one’s still swimming, let’s go.”
Putting responsibility aside. What happened to the plugs in question? If the mechanic took them out, where are they? At the very least, it causes a problem if the boat owner checks for the plug at the ramp and doesnt have spares. That can make for unexpected problems. Regardless of fault,if any, anything removed from a boat should be returned to the owner.
quote:That seems to be pretty standard. My mechanic says, "put your boat anywhere in the back lot and make sure you leave the plug out". Every time!
Originally posted by chris Vwe pull the plugs, and drop them in the splash well are
I’m now at www.teamcharlestonmarine.com
Plug = Captains (not necessarily Owners’) repsonsibility. Plain and simple. Always!
Personally, I have been on boats since I was about 1-2 months old. Owned my first at 15, and have owned many since. own 3 now, small jon boat, 17’ cc, 20’ cc. I took the boater’s course anyway, and I have my card. But for the record, it was a joke. Someone could take that test, pass it with a 95%, and still be a complete idiot on the water. I agree, there should be a course; just not the one that they have now! I took it 10 years ago, maybe it has changed but it wouldn’t help most of the idiots I have seen TRY to run a boat.
And for the record:
CAPTAIN’S FAULT
20’ mako
200 'rude
“CHASIN TAILS 2”
i would equate the plug to having gas in the boat
seems like a no brainer