boat damage - liability question

[kjunheart]

I have a liability question. My neighbor's boat sank. The owner of the boat had no insurance. My friend's husband, a boat captain, as a courtesy, left work to tow the boat out of the water free of charge. The center consol had a small tower on top. While enroute, a tree limb hit the top of the tower and damaged the top. Now the owner of the boat is trying to say my friend should pay for the damages??? There were no police reports before or after the boat sand nor were pictures taken. Given the situation, would my friend have any obligation to fix the damage?

Thanks for your help!
Sandy

 

[oly5050user]

cannot answer the legalities here but if a boat sank and the coast guard hears of it ,thuey would check for any fuel/oil leaks and there is a possibility of a major expensive fine..I would say the capt. who towed the boat out saved the owner alot more than what the damage was.I charge $100. per ft to raise a sunk boat at a dock.

 

[miketsp]

As the old saying goes "If you pay peanuts you get monkeys".

Was there any contractual arrangement between your neighbour and your friend's husband?
Was there any promise of payment whatsoever?

How did the arrangement come about? Did your neighbour ask for help or did your friend's husband make the offer?
The fact that your friend's husband is a professional complicates the situation.

The problem is that if you are a professional, doing something for free does not exempt you from liability.
I work for a company that sells complex systems and we often give trials to customers for free. We never give these trials before we have a complete contract in place with a waiver protecting us against claims for direct and indirect damages, loss of profits and consequential damages.

 

[ReefHound]

Legalities aside, your neighbor with the boat is a jerk. He's the one who screwed up and sank his boat and didn't have insurance. Your friend was just trying to help him out. I didn't see where your friend is a "professional" in salvage or towing. I would love to see your neighbor's boat sink again and this time everyone tell him to take a flying leap when he asks for help.

 

[kjunheart]

Thanks for your responses. My friend's husband is a boat captain and was asked (by a different friend) to help this guy tow the boat from the dock because he has a truck big enough to tow the boat. He pulled it out of the water at the dock, but I guess Sea Tow got the boat to the dock.

 

[ReefHound]

I don't see that your friend was acting in a professional capacity in any way. His being a captain has nothing to do with it. If I was him I'd tell the boat owner to get lost.

 

[wcl]

Well, in the absence of any clear record of any agreement for the towing, etc., I would advise the good samaritan to cheerfully offer to pay for the tower damage ... right after the broken boat owner pays the towing invoice (which I would say is at least 2 times the damage ;-).

Conversely, make the offer to abrogate the arrangement, and return the boat to the original condition (tower repaired, but underwater).

Good contracts make good friends, no contracts make no friends.

Cheers,
Walter

 

[DennisS]

My friend's husband, a boat captain, as a courtesy, left work to tow the boat out of the water free of charge. The center consol had a small tower on top. While enroute, a tree limb hit the top of the tower and damaged the top. Now the owner of the boat is trying to say my friend should pay for the damages???

Sandy

No good deed goes unpunished