Damage to boat, liability?

gtflash · 02 August 2010, 04:49

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

Xk59D · 02 August 2010, 07:19

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?

cheers

biffer · 02 August 2010, 07:30

Quote:

Originally Posted by gtflash

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

Cookee · 02 August 2010, 07:33

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.

Ribshop · 02 August 2010, 07:38

Did the product itself cause the damage or did it have to be removed and leave cosmetic damage?

boristhebold · 02 August 2010, 07:51

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.

biffer · 02 August 2010, 08:29

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.

9D280 · 02 August 2010, 10:32

Quote:

Originally Posted by boristhebold

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.

PeterM · 02 August 2010, 11:29

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?

Searider · 02 August 2010, 14:27

What's the product and what's the damage?

biffer · 02 August 2010, 15:17

Quote:

Originally Posted by PeterM

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?

the thing about liability insurance (so i've been told) is even if you admit liability they still need court action before the insurance companies pay out, rather defeats the object of having it when it can take months or even years to fight a claim, the insurance companies squabble among themselves me thinks

Bam Bam · 02 August 2010, 17:48

Get some pictures of the product and the damaged caused on her, it will give a better idea of what the issue actually is.

Searider · 02 August 2010, 19:23

Cover chafing?

gtflash · 02 August 2010, 21:10

Quote:

Originally Posted by Searider

Cover chafing?

A New cover has chafed tubes.. yes.. They adjusted the cover one time, but its not eliminated damage, as a result, I can no longer use the cover

sarahscottiedog · 03 August 2010, 02:40

Name and shame the company on here...... Whenever I get bad service from a company and have been unable to resolve it with them, I always make a point of telling them how disatisifed I and make a point of telling them I shall tell as many people as I can that how poor the service I have recieved from their company. Never know it might change their attitude towards their customers.......

gtflash · 03 August 2010, 07:50

Quote:

Originally Posted by sarahscottiedog

Name and shame the company on here...... Whenever I get bad service from a company and have been unable to resolve it with them, I always make a point of telling them how disatisifed I and make a point of telling them I shall tell as many people as I can that how poor the service I have recieved from their company. Never know it might change their attitude towards their customers.......

I am giving them the chance to rectify the issues with the cover 1st, service had been good and the quality of workmanship otherwise was good. I have some "go fast" stripes on the boats new tubes, and it has worn all the grey off the hypalon on them. Although less than ideal, its fixable in my eyes as just the stripe. Currently they have offered to rectify the cover, no mention of cost or tubes yet. I really do not know if I am in a position to query the tube chaffing

Cookee · 03 August 2010, 12:49

Quote:

Originally Posted by Cookee

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.

Ah well .................... we don't do covers!

diverdad · 04 August 2010, 16:38

IMHO, THEIR cover damaged YOUR tubes, and I think they should rectify the problem weather it be a repair (if possible), covering the stripe with something, a retube, (a bit extreme) or some financial discount off the price of the cover.
My heart goes out to you, I have been on the receiving end of some very shoddy workmanship to my pride and joy and it is a very stressful situation when you have to pick up the pieces and negotiate, (especially when everyone tells you to, and you feel like going in with guns blazing).

For what it is worth, I generally sleep on it for a couple of days, when I have calmed down enough not to want to rip off their head and spit down their throat, I sit down and compose a list of options, I also try to think of their responses so I won't be taken aback or out foxed at the showdown.

Good Luck

Lee