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Is the business I paid to winterize my boat liable for improper procedure that severely damaged my boat engine?
Anonymous3 views2 answers
For five straight seasons I have paid for professional winterization & storage of my boat. I have copies of all detailed service records to date stating this. This season, I took my boat to a different marine facility for winter prep/storage and the tech immediately discovered a cracked engine block that was caused by "lack of or improper winterization" and the freezing of the water therein. This tech at the new marina is certified by my engine manufacturer and has provided a written statement as to the cause of the crack(s).
How do I go about bringing these facts to the original storage facility and would they be responsible for the cost of repairs ($4 - 5K). Would this business be required to have insurance to cover liability for damages?
I think you might be best off pursuing this on your own. Proving that the storage facility/winterizer was responsible (after you've been using the boat all summer) will be difficult at best. It would be hard to justify paying an attorney to pursue this for you. Take them to small claims court if you think you have a valid claim.
Yes, the previous marina would be liable, assuming that you can prove that it was their improper winterization that caused the current damage. As the other attorney points out, though, it will not be a slam dunk, given that you were apparently able to operate the boat for the normal boating season without incident. Your expert (whether it is the tech at the new marina or another marine engine expert) will need to be able to rebut the previous marina's likely claim that the engine was fine when you got it out of storage.
As for the practicality of going after the previous marina for your repair bills, you would likely spend more on attorney fees and costs (including expert fees) that the repairs cost. In order to avoid eating into the damages you are due (i.e., the repair costs), you would need to bring the claim under the Michigan Consumer Protection Act, which allows you to add costs and attorney fees to your damages (MCLA 445.911). The other financial hurdle is whether the marina is collectible. Often, marinas are cash-strapped businesses and they can be very difficult to collect from.
Although it may be tempting to just take the marina to small claims court, there are several disadvantages. First, the marina will likely hire its own attorney and remove the case from small claims to the regular district court division of the court. Second, if the marina gets an attorney, you'll need one - and it may cost you more to have the attorney get your case in order at that point than it would have if you had hired an attorney in the first place. Third, if you lose the case, you do not get to appeal (you would have the right to an appeal in the district court division). Fourth, your damages in small claims are limited (I don't recall the current limit, as attorneys are not allowed to practice in small claims court, but I believe it is $3,000 or less).
Under the circumstances, you may want to start with a letter to the previous marina requesting reimbursement for the repairs. State your claim simply and politely, and enclose copies of the current tech person's certification, along with copies of your repair bills. Ask in the letter that if the marina has insurance that they please turn this matter over to their insurance company.
If the letter does not work, then you should consider hiring an attorney. Going it alone on this type of case is likely to be an exercise in frustration.
