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boat accident / need lawyer or advice

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Old 03-05-2008, 05:56 PM
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I would think liabilty on the part of the rental company would be inescapable. You are allowing someone to operate a vehicle of yours for a fee, in doing so the company doing the renting would be responsible for the vehicle being in safe operating condition and that you were competent in operating it. I would assume that the waiver and supplemental insurance protects the renter in the event that he dings the prop, tears up a drive, sinks the boat etc.... AS for liability of the owner, it is his boat, he chooses to let other people use it albiet for profit. it is still his boat and his responsibilty. even if the owner had waivers signed out the azz, saying not to operate at nite, unforeseeable events can and do occur. by removing the lights he would be guilty at the very least contributory negligence making him liable. he also rented it to someone who was incapable of safely operating it, again contributory negligence.
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Old 03-05-2008, 06:12 PM
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hopefully i get many people like you on the jury , the best part is im not even suing forn some ridiculas moneys . just whats owed !
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Old 03-05-2008, 10:18 PM
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if there were no lights on the pontoon boat cause owner removed them, how can the DNR miss that when they are cking yours.
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Old 03-06-2008, 01:15 AM
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they didnt miss it , its all documented , and in the state of wi and i believe fed law it states boat must have appropriate lighting during subset and sunrise and on during any poor lighting conditions , fog ,rain . mist , ect , thers no excuse for this vessel to have been on the water .
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Old 03-06-2008, 04:16 AM
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Quote:
Originally Posted by Shore Thing View Post
If they disabled the headlights and the contract stated, No driving at night and no driving in inclimate weather, then the renter remains liable.

I'm not a lawyer though and this is all just my opinion. But I doubt the rental company shoved booze down this scumbags throat and told him to drive around at night without lights.
The rental companys must be in compliance with state regulations as a private individual would be. What happens when you drive your car with a light out and a cop pulls you over for that reason?
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Old 03-06-2008, 09:22 AM
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Again, i'm only speaking from my experiences (which was in the mid 90's).

You guys keep saying that the rental company HAS to be liable. We live in a world where we constantly blame others and never take responsibility for ourselves. Who was the drunk driver of the boat that made the decision to drive at night without lights? This is the culprit.


Jet skis do not have running lights. It is illegal for jet skis to be operated at night because of their lack of lighting. I'm still assuming that the rental company states in their contract that you absolutely CANNOT operate their boat at night (as most rental companies do). The rental company cannot be responsible for the actions of the renter once he leaves the dock. You wouldn't expect this of a car rental company, why a boat rental company?

Phragle,
Where i worked, the renter had full liability for the boat. If he sunk it, he owed us $30k. If he hit a sandbar, he owed us $400 for a new prop. That is standard boat rental procedure.
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Old 03-06-2008, 09:33 AM
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Quote:
Originally Posted by Shore Thing View Post
Again, i'm only speaking from my experiences (which was in the mid 90's).

You guys keep saying that the rental company HAS to be liable. We live in a world where we constantly blame others and never take responsibility for ourselves. Who was the drunk driver of the boat that made the decision to drive at night without lights? This is the culprit.


Jet skis do not have running lights. It is illegal for jet skis to be operated at night because of their lack of lighting. I'm still assuming that the rental company states in their contract that you absolutely CANNOT operate their boat at night (as most rental companies do). The rental company cannot be responsible for the actions of the renter once he leaves the dock. You wouldn't expect this of a car rental company, why a boat rental company?

Phragle,
Where i worked, the renter had full liability for the boat. If he sunk it, he owed us $30k. If he hit a sandbar, he owed us $400 for a new prop. That is standard boat rental procedure.
If you let a friend drive your car and he smashes into some one else, he will not be paying, your insurance will.
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Old 03-06-2008, 09:53 AM
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If you let a friend drive your car and he smashes into some one else, he will not be paying, your insurance will.
That's very true. Happened to me when my sisters boyfriend wrecked my discovery a few years back.

But there's a huge difference here. Insurance is mandatory on an automobile. Insurance is not required for a boat.

I'm not defending the law on that, because i think it should be mandatory. But that doesn't help rob's case any.

Like i said before. i hope they're able to take the drunk for everything he's worth. I just don't see how the rental company is liable. People need to take responsibility for their own actions.
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Old 03-06-2008, 09:56 AM
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I don't know when this accident took place, but looking at this, it appears the rental company would have had to supply a temporary registration to the renter....
The full document is in the link below.

Recently 2005 ACT 356 was passed into law requiring all persons born on 1-1-1989 and who is
16 years of age or older to have a boating safety certification if they wish to operate a motorboat
in the state. Wisconsin is a very popular boating state and has many businesses who rent boats
to people both residents and non-residents. The state also has many people visit the state who
bring their own motorboat into the state to use its many lakes and rivers. By providing a
temporary boating safety certificate through the rental businesses it allows the department to
better facilitate the business and the person who wishes to operate a rental motor boat in this
state.
The rule establishment and modification will allow businesses who rent motorboats to administer a boater education test and record the information for the temporary certificate. This rule will allow small businesses the ability to rent motorboats to individuals that might otherwise not be able to legally operate a motorboat. This will require the business to provide a minimum level of training on the safe operation of a boat and the boating laws of Wisconsin and issue a temporary boating education certificate to individuals who were born on or after 1-1-89 and are at least 16
years of age, but who are not already certified to operate a motorboat in Wisconsin.


http://www.legis.state.wi.us/cr_final/06-132.pdf

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Old 03-06-2008, 10:16 AM
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Quote:
Originally Posted by Shore Thing View Post
That's very true. Happened to me when my sisters boyfriend wrecked my discovery a few years back.

But there's a huge difference here. Insurance is mandatory on an automobile. Insurance is not required for a boat.

I'm not defending the law on that, because i think it should be mandatory. But that doesn't help rob's case any.

Like i said before. i hope they're able to take the drunk for everything he's worth. I just don't see how the rental company is liable. People need to take responsibility for their own actions.
Not all states require insurance. RI I beleive still does not. That is why insurance companies ussually will offer you uninsured motorist protection. Most companies will carry liability insurance in case they have an issue like this. If some one say trips on a loose piece of carpet on the boat, or the stearing fails, or their opperator operates the boat drunk at night. What then happens is that you go after the rental guy and the renter, and the rental guy goes after the renter. Is it the most stream lined? NO but all this guy wants is the damage fixed along with his medical bills. Seems reasonable to me. You better beleive that I would be going after everyone tell I was made hole.
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