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Old 02 August 2010, 00:49   #1
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Damage to boat, liability?

If a business was to tailor design and fit a product to a boat, which then caused damage to it. What would be the legal position?? Are they responsible for correcting the design to eliminate the damage and are they responsible for the damage which is purely cosmetic.

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Old 02 August 2010, 03:19   #2
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have you tried citizens?

i'd have thought the company were liable for full repairs. i assume you paid them for work to be carried out and they have damaged something else in process?

or have you been using it and it has failed/caused issues much later on?

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Old 02 August 2010, 03:30   #3
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If a business was to tailor design and fit a product to a boat, which then caused damage to it. What would be the legal position?? Are they responsible for correcting the design to eliminate the damage and are they responsible for the damage which is purely cosmetic.

Thanks

GT
this is a difficult one, what are we talking about here? if we did some stainless for instance and it broke and damaged the boat we would most likely put it right, if it failed because of something else on the boat was the problem or it was missused we would still put it right but at a cost.
i really don't know the legal position because i've never been there, i would say put it right, without more detail's it's difficult.
the other thing is, if you've gone back into the company giving it "large" they might not want to do it
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Old 02 August 2010, 03:33   #4
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I'm with Biff here - more detail would be very helpful, but if it is as you described we would sort it all out FOC.
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Old 02 August 2010, 03:38   #5
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Did the product itself cause the damage or did it have to be removed and leave cosmetic damage?
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Old 02 August 2010, 03:51   #6
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Difficult one, remember the legal position may be poles apart from the moral obligation. And probably far more expensive ... you might have issues to content with about whether the thing in question was 'fit for purpose' and wether it was the design on the thing which indirectly caused the damage or was it the use of such thing or incorrect use which caused the damage. If more information was available it would help. At the moment it sounds similar to cases where a design fault with a car caused an accident or damage .. and with that usually it's the car manuafacturer who is liable.

Remember any legal action is costly and takes a lot of time to resolve, my feelings for this issue based on information supplied would be that it would be best for both parties to work it out without legal action, the manufacturer should pay for the damage if it is obvious the part was badly designed.
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Old 02 August 2010, 04:29   #7
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this one off stuff is a bit of a sticky one, one off, means it's usually developement work, with the best will in the world something may go wrong, proper companies would look at it fairly and do the right thing, if not for the customer, for there own piece of mind and reputation.
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Old 02 August 2010, 06:32   #8
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At the moment it sounds similar to cases where a design fault with a car caused an accident or damage .. and with that usually it's the car manuafacturer who is liable.
Unless it's a retrofit item not type approved for that make / model etc.... At which point I suspect it gets really messy & the lawyers book their month in Barbados.
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Old 02 August 2010, 07:29   #9
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If a product has caused damage of any kind that is not a gradual process (ie can be seen to have happened at a specific date and time) the company should ( though dont have to) have liability insurance. Ask them for the details and see what they say?
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Old 02 August 2010, 10:27   #10
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What's the product and what's the damage?
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