Boat Damage from Boat Yard

[Bear-O-Ness]

I had my boat pulled this past Monday in Olympia, Wa at the port run boat yard. The straps were incorrectly placed and my prop strut was damaged at about $1,000. The yard (publicly run) says it was my responsibility to know where to place the straps. The boat was pulled a year ago for the first time after my purchase by the same yard and the same guy running the lift. He told me then that the two marks on each toe rail were where to place the straps. I told this to them (same guy) this was what where you told me to place then last year. Strap slipped off of the end of the keel and hit the prop shaft. Yard says it was my responsibility to know were to put the straps and make sure they were in the proper place myself! I was still signing the release paperwork when they were actually lifting the boat so could not have even seen where they were. He started to pull but realized that they were in the wrong place and moved them forward. Noticed the damage after pressure washing and setting it up in the yard. I approached the yard about the damage and said I would accept the repair work myself but would appreciate credit for the two extra days this damage cost me. I should note that the lift and yard are run by the port and the work done by a private entity in the yard. They refused to even consider giving me credit for the two days (about $100 vs my bill of $1,000). Am I way off in expecting the yard to take some responsibility for their error in placing the straps? I talked to the repair guys (who just purchased this business this year) and they told me this happens all of the time with the yard not taking any responsibility for their damage! Anyone else dealt with these issues? Would appreciate any response from anyone as I am going to pursue this with the port commissioner.

[Dchase]

We just had a similar experience with damage to our boat while hauling out. However the yard said they were very sorry and they are going to cover the repair and yard time to have it fixed. I believe the the yard is responsible for the damage caused. Especially if you were unable to be there watching them lift her out. So sorry for your experience. I hope things get resolved and your boat is taken care of. Below is a photo of the damage caused during our haul out.

[C420sailor]

If the operator wasn’t sure, he should’ve asked you or someone who knew. A professional doesn’t guess, then blame someone else.

Your vessel was in their care when it was damaged due to their negligence.

[S/V Illusion]

Another 'he said, she said...' story difficult to make any informed judgment because we only get to hear the 'he said' part. Small Claims Court was invented for reasons such as this. Too bad reqardless but all anyone hear can offer is sympathy.


Parenthetically, I'd never trust some unknown yard monkey to touch my boat without careful supervision.

[dkenny64]

might be picking nits here..did you tell them where to place the straps? are did they put them where they thought was best?

take a step back and think about it...if you told them..not a lawyer here, but then it would to me its your problem..not theirs..if they placed them..its theirs..
keep a cool head..if its your fault made you can get things at a reduced rate??


-dkenny64

[Bear-O-Ness]

Wow, no my damage was not nearly that extensive. It disrupted the prop strut and cracked the fiberglass around the strut, which opened up the fiberglass in that area that had to be taken out and re sealed. Boat still out of the water but the strut and shaft checked out ok so far. I did tell them where to put the straps according to what they had told me when they pulled it last year. We had difficulty then figuring it out and made the assumption that the two permanent marks on the toe rail were the strap points, which turned out to be correct. I had assumed he had put them there and was coming down the ramp just as he started to lift. Again, this was the same guy that had pulled it a year ago and said to remember that these marks were the strap points, which marked the end of the keel. The strap must have slipped off of this point and caught the prop shaft. All I wanted was not to be charged the additional yard time this incident caused.

[Manateeman]

My father was an attorney in Admirality and Maritime. They are few and expensive. Find an Attorney who will send a simple letter. Be willing to enter into arbitration. Legal action is gambling and if you loose you might have to pay the legal costs to the other side. Fully and truthfully discuss everything with an attorney. Fib not to your attorney.
Remain calm and let an attorney speak for you. Always.
Things are not resolved on the street, nor the boat yard.
Say and write nothing further. And again, please let an attorney speak for you.
He’s a professional. You go to a Medical Doctor not a witch doctor don’t you?
My dog doesn’t bite. My dog didn’t bite you some kid did. I don’t have a dog.
My dog isn’t a dog, it’s a service wolf.
Happy trails to you.
Captain Mark and his manatees currently in a Federal Protection Program.
They hide under my boat.

[desodave]

Bear-O-Ness is talking about trying to get 2 additional days in the boatyard and them forgiving a $100 bill because of their actions. A lawyer? Good grief !!

[Manateeman]

The reason I advised him to seek out an attorney is simple. The damage to this boat might be far more extensive than first appears. Also, statements made on the web can be used as evidence against your position and easily discovered.
I’ve sat through lots of maritime trails. You would be astounded because it’s not television. People who bring cases before the courts sometimes not just loose their case, they loose everything because they end up responsible for the legal and expert fees of the winning side.
Once you post something on the web, it’s there forever. You have some damage.
You sell the boat. Years later it sinks drowning the new owners. The family wants to blame somebody. They say you didn’t fully disclose, or you hid, the damage and you are partially or fully responsible. They get a sympathetic jury who finds you just partially responsible. Never a good ending.
Take the case of Seaboard Power. That’s the jack up rig that capsized in Louisiana killing several crew. The owners are using a known maritime law to limit damages to the value of the vessel...which is zero.
Is it “fair”. Heck no.
People get in a boating or car accident and somebody has their cell phone running and somebody asks “Are you ok” and you say “I’m fine” which means give me a second to unscramble my brains. But you are not “fine”, and the doctors keep you in the hospital for days with eye meter running and your insurance company tells you that they will not pay anything because of your documented statement.
You are not a doctor...say nothing.
I don’t make the rules in this society. We have a hundred times more attorneys than Japan for example. I posted because I see so many people hurt by the system. Say nothing an find an Attorney, remains in my opinion, sound advice.
Happy trails to you.
Mark and crew still looking for the person who scrawled trump on the back of a manatee as they used their beer money to increase the $25,000 reward.

[bjp447]

I agree with you however it's $100
per your write up you are going to pay the
thousand dollar repair and want them to give you
$100 credit. If you believe you are right I would
make a written complaint to the port, they will
probably ignore it.
Figure the $100 as lessoned learned and move on
it is not worth the aggravation, unless you want it.

[Lake-Effect]

Wondering if I can get a patent for a movable underwater camera/sonar system that confirms strap position before there's propshaft-damaging force applied.

[Bill O]

Originally Posted by Manateeman

The reason I advised him to seek out an attorney is simple. The damage to this boat might be far more extensive than first appears. Also, statements made on the web can be used as evidence against your position and easily discovered.
I’ve sat through lots of maritime trails. You would be astounded because it’s not television. People who bring cases before the courts sometimes not just loose their case, they loose everything because they end up responsible for the legal and expert fees of the winning side.
Once you post something on the web, it’s there forever. You have some damage.
You sell the boat. Years later it sinks drowning the new owners. The family wants to blame somebody. They say you didn’t fully disclose, or you hid, the damage and you are partially or fully responsible. They get a sympathetic jury who finds you just partially responsible. Never a good ending.
Take the case of Seaboard Power. That’s the jack up rig that capsized in Louisiana killing several crew. The owners are using a known maritime law to limit damages to the value of the vessel...which is zero.
Is it “fair”. Heck no.
People get in a boating or car accident and somebody has their cell phone running and somebody asks “Are you ok” and you say “I’m fine” which means give me a second to unscramble my brains. But you are not “fine”, and the doctors keep you in the hospital for days with eye meter running and your insurance company tells you that they will not pay anything because of your documented statement.
You are not a doctor...say nothing.
I don’t make the rules in this society. We have a hundred times more attorneys than Japan for example. I posted because I see so many people hurt by the system. Say nothing an find an Attorney, remains in my opinion, sound advice.
Happy trails to you.
Mark and crew still looking for the person who scrawled trump on the back of a manatee as they used their beer money to increase the $25,000 reward.

IMO Mark has made some good comments to keep in mind when dealing w/situations. It may appear to be overkill in this matter except the OP doesn't know the full extent of the damage. If there was enough f/g damage around the strut it may have bent the shaft also. It may be slight but enough to cause significant vibration at FT. Only way to tell is to pull the shaft and check it.
If they did have the lift belt on the keel and it slipped back/off, then the lift operator was at error by not lifting the boat properly.
Again agree w/Mark to get a lawyer involved. Do you have any friends that are lawyers? Sometimes all it takes is a well drafted letter from a law office to make them sing a different tune.

[TrentePieds]

The manatees say: "...somebody asks “Are you ok” and you say “I’m fine” which means give me a second to unscramble my brains."

Manatees are smarter than they look :-)!

My own reply to this question, whether it be asked in jest or in earnest, is always: "I don't know yet!" In situations that could result in legal action, that covers my butt.

As Auntie Bonnie sez: "Be kind. Be calm. Be safe!"

TrentePieds

[Manateeman]

Greetings all. I’m not recommending finding an attorney for every case or this case in particular. The society we live is is a minefield. I just don’t like to see people getting hurt financially because they believe the justice system is perfect.
It’s far from perfect. I appreciate the above post. One hour for most attorneys is not a huge amount and there are a number of organizations who will point to attorneys who will provide help without cost. If you do feel it’s necessary to file an action, please pay attention to the costs if you loose. Arbitration is a reasonable solution to a lot of problems.
Lastly, I wrote about USCG boarding. Please do nothing to aggravate the situation. You have the right to present your case to a USCG hearing officer. The boarding team does not get the last word.
I wrote a number of suggestions on how to present a defense for a ticket.
Hopefully you will never need them.
Happy trails to you.
Mark and his manatee crew.

[jim King]

I agree, A simple letter from a law office is often all it takes to let them know that you are serious about either the port or the lifting crews responsibilities. They too would probably do a quick about face in granting you the extra time in their yard to get a waver of damages on their part.
jim