transom and motor ripped off of pontoon

[WaterDR]

Re: transom and motor ripped off of pontoon

I see your point, but I think my bet is pretty safe on this one.

 

[lakegeorge]

Re: transom and motor ripped off of pontoon

I see your point, but I think my bet is pretty safe on this one.

I don't think it's safe at all. Nobody rents out cars or boats without offering some kind of insurance or you signing a disclaimer. If he wasn't offered either than we'll see what the Lawyer tells him.
I think I'm right.

 

[WaterDR]

Re: transom and motor ripped off of pontoon

Well, you could be right I suppose. I have actually taken contract law classes. I also work with legal teams quite regularly as the course of my job. In the spirit of the situation, if you rent something, and you brake it, you should be on the hook. It does not have to be in writing. If I rent my boat to you and I say "lakegeorge, you must bring it back in the same condition that it left" and you verbally agree, that is a valid and binding contract, albeit, sometimes harder to prove than one in writing. The spirit and intent of a situation will often prevail even if their is some confusion or lack of some clarity.

There could be a loop-hole in the agreement the way it was written. It is hard for any of us to know w/o actually seeing the documentation.

The only way I can think of that the renter might be off the hook would be if there is some sort of local statue requiring insurance to be offered, but I am not aware of any situation where that would be the case.

Here is a thought, some credit cards when you use them to rent a car, automatically provide insurance. I use one that does for work.

 

[MH Hawker]

Re: transom and motor ripped off of pontoon

Then their is the fact of defective equipment. The tilt lock failed to allow the motor to ride up and over the objects. At 15 mph it may of done some prop damage and scraped the paint off of the LU but thats about it.

 

[snowman48047]

Re: transom and motor ripped off of pontoon

I wonder if the rental company has any liability for renting "potentially faulty equipment"?

 

[slag]

Re: transom and motor ripped off of pontoon

I don't think it's safe at all. Nobody rents out cars or boats without offering some kind of insurance or you signing a disclaimer. If he wasn't offered either than we'll see what the Lawyer tells him.
I think I'm right.

You'd be wrong. My father works at a smaller marina in the midwest and doesn't offer insurance on the boats. Can't afford to as it is a really small outfit and it keeps his costs down. The rental agreement is clearly spelled out that the person renting the boat is responsible for any and all damages to the boat and engine. Boat insurance is not mandatory where he works. He even walks around the boat with the person prior to putting it in the water to point out known issues/dings/etc. and to show the condition of the prop.

There are quite a few unscrupulous people out there who, after signing the form, return the boat with the prop shredded or gouges in the gelcoat who say they didn't do it. Doesn't matter. They signed the agreement and initialed the lines showing the condition of the boat. Super easy to charge that to their CC on file.

 

[slag]

Re: transom and motor ripped off of pontoon

Then their is the fact of defective equipment. The tilt lock failed to allow the motor to ride up and over the objects. At 15 mph it may of done some prop damage and scraped the paint off of the LU but thats about it.

Many pontoon boats have power tilt/trim where the motor is locked into position. There is no tilt lock that allows the motor to lift up on some models. The OP must have hit the obstruction fairly hard to rip the motor off, even with those tiny little bolts/washers.

Going too fast in unfamiliar waters. Its a lesson many of us have learned and do not repeat.

 

[pontoon_in_rocks]

Re: transom and motor ripped off of pontoon

Odd, my 2012 4-stroke Merc 115 only cost $7,500...

Where did you get your motor? I would like to point them to it.

Thanks

 

[ezrollin]

Re: transom and motor ripped off of pontoon

Did you sign anything agreeing to pay damages when you rented the boat ? If not I don't see how you can be held responsible for damages,I would think most boat rentals would include insurance in the price of the rental or be insured themselves.Navigating a boat is not for the inexpirenced,when you move out of the markers you are apt to run into anything.

 

[WaterDR]

Re: transom and motor ripped off of pontoon

A new 115 around here runs 10 to 11k plus rigging and prop.

 

[WaterDR]

Re: transom and motor ripped off of pontoon

When you rent something you are responsible for the condition. You don't need a written contract. If I loan you my car and we agree that you are responsible for returing it in the same condition, that is, in fact, a contract. When you rent something, often this is implied. You can't include insurance in the price of anything. It would have to be a separate line item and you would have to sign an agreement for it.

While I think it would be a smart practice to offer insurance as a business owner because, quite frankly, you will make piles of money on it, it also makes messes like this cleaner. But, most people would not take it anyway.

The owner has virstually no responsibility in this, UNLESS you could prove neglegence on their part. For example, renting the boat to someone while knowing they put too many people on it, or improper safety equuipment, renting to a drunk person, etc...

 

[treker]

Re: transom and motor ripped off of pontoon

You'd be wrong. My father works at a smaller marina in the midwest and doesn't offer insurance on the boats. Can't afford to as it is a really small outfit and it keeps his costs down. The rental agreement is clearly spelled out that the person renting the boat is responsible for any and all damages to the boat and engine. Boat insurance is not mandatory where he works. He even walks around the boat with the person prior to putting it in the water to point out known issues/dings/etc. and to show the condition of the prop.

There are quite a few unscrupulous people out there who, after signing the form, return the boat with the prop shredded or gouges in the gelcoat who say they didn't do it. Doesn't matter. They signed the agreement and initialed the lines showing the condition of the boat. Super easy to charge that to their CC on file.

You mean that state doesn't require insurance for the company to operate? Or that people do not need insurance to operate a boat?

 

[The_Kid]

Re: transom and motor ripped off of pontoon

Many pontoon boats have power tilt/trim where the motor is locked into position. There is no tilt lock that allows the motor to lift up on some models. The OP must have hit the obstruction fairly hard to rip the motor off, even with those tiny little bolts/washers.

Going too fast in unfamiliar waters. Its a lesson many of us have learned and do not repeat.

Even with power trim the motor is not locked into position. There is a bypass valve built into power trim units that should allow the motor to kick up if it hits something solid. At least there is on my 95, and I'd bet that's the case for newer motors as well.