# Boating Accident!



## Howie1eod (Sep 30, 2009)

I was out on the water yesterday and a rental pontoon boat t-boned my boat seperating the hull from the topside just below the rubrail. The FWC found the operator of the rental boat at fault. I contacted the rental company and they have all renters sign waivers that removes any liability from the rental company to the renter. With that said, i'm guessing I have about 5K in damages and after talking to my children they have no desire to go boating again. My questions to you guys are has anyone ever experienced soemthing like this before? What would you guys suggest is the best way to go about being compensated for damages to my boat?

Thanks in advance,

Howard


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## johnboatjosh (May 19, 2008)

Lawyer....


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## Howie1eod (Sep 30, 2009)

That's what I was thinking. Anyone know of a good lawyer in the FWB/Destin area?


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## Coastal Cowboy (Feb 12, 2012)

Lawyer up dude


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## Catchin Hell (Oct 9, 2007)

File on your insurance and let your insurance company deal with the violator... It's so much easier, trust me... As for fixing or cashing out, I suspect your insurance company will make a determination of value which will dictate how you will be compensated... You could lawyer up as others have suggested, but don't expect a speedy resolution and assuming you win, you still have to figure out how to collect your money if the violator refuses to pay. If he/she lives out of state, good luck with that...


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## Howie1eod (Sep 30, 2009)

I do have insurance but just liability. I'm guessing that the insurance company is just going to tell me to have a nice day... Sad Face.


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## Sleestac (Feb 29, 2012)

I believe It will be a civil issue (small claims court basically). Hopefully you have their info. Contact the clerk of court and start the process tomorrow. Lawyer most likely will do the same thing, but with extra fees.


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## Howie1eod (Sep 30, 2009)

I will have a copy of the report in a week or so. I think a lawyer is the way to go. The operator of the other boat was a young punk. Once he hit my boat he just took off to crab island without regard for anyones safety. I had my kids on the boat and the punk didn't even have the decency to say he was sorry.


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## Trophyhusband (Nov 30, 2011)

At $5000 you should be able to go to small claims court. I don't know where you were, but I would love to see a hell of a lot more law enforcement around crab island and the pass. I've seen so many absolutely clueless people in those rental pontoons that it is definite a public hazard. I've seen a lot of close calls already this year.


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## Howie1eod (Sep 30, 2009)

Funny you say that, I was moving from Noriega Point to Crab Island, he hit my as I was about to pass under the bridge.


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## aroundthehorn (Aug 29, 2010)

Catchin Hell said:


> File on your insurance and let your insurance company deal with the violator... It's so much easier, trust me... As for fixing or cashing out, I suspect your insurance company will make a determination of value which will dictate how you will be compensated... You could lawyer up as others have suggested, but don't expect a speedy resolution and assuming you win, you still have to figure out how to collect your money if the violator refuses to pay. If he/she lives out of state, good luck with that...


The insurance company will lawyer up for him.

Edit: Maybe not, after his last post. Still worth filing.


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## Trophyhusband (Nov 30, 2011)

Unfortunately you won't be the last. So often pontoon boats loaded with 10 plus people go speeding around that area without the faintest idea what "No Wake" means.


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## welldoya (Oct 5, 2007)

It would be my guess that a sharp lawyer could make the rental company liable. A lot of times those waivers aren't worth the paper they are written on. They are making a profit off of renting to people who don't have a clue. They should be more careful about who they rent to.
I'm sure the company has insurance and a lot of times an insurance company will pay up just to avoid a large liability in the future.
Are you saying that he left the scene ? He should've been arrested.


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## Howie1eod (Sep 30, 2009)

As soon as he hit me he said follow me. He was heading to Crab Island to party. I told him I have a hole in my hull and need to get my passengers and the boat to land. He just went about his business, as soon as the cops showed up he then decieded to come over to my location.


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## 20simmons sea skiff (Aug 20, 2010)

I dont see how the rental company isnt libel, they have to have insurance to rent boats. The kid was probally drunk also, leaving the scene of an accident. You can own a rental co. Your insurance should have comhensive, when i had insurance mine did. I dont have any now. My nationwide agent said i didnt even want to ask. Bank couldnt get it insuranced because its a custom built boat and not on a manuf list. Lucky non of your family got hurt.i agree retain a lawyer if needed


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## Howie1eod (Sep 30, 2009)

The rental company told me they have insurance for thier boats and passengers only. The waiver the renter signs removes all liability from the rental company to the renter. I think a good lawyer could find loopholes in their waiver though. 

Thanks everyone for the advice. Tomorrow I will put an attorney on retainer and have him/her seek my compensation.


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## welldoya (Oct 5, 2007)

I think I would go to the rental company and tell them either fix my boat or I'm going to a lawyer and sue for fixing the boat and expenses. Give them a chance to do the right thing and if they don't, nail them.
Did you ask the kid about fixing your boat ? What did he say ? I mean, you can't just be an idiot on the water and not be liable.


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## Howie1eod (Sep 30, 2009)

I had no interaction with the kid after the accident, once he hit me he left. The cops showed up and then he came over and they took control of the scene. I was really pissed off yersterday I don't think anything productive would have came with talking to him then. I can believe that he just hit me and took off, I had kids on the boat for gods sake! What a knucklehead. 
I think an attorney will have a better shot at dealing with the rental company then I will.


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## Trophyhusband (Nov 30, 2011)

Howie1eod said:


> The rental company told me they have insurance for thier boats and passengers only. The waiver the renter signs removes all liability from the rental company to the renter. I think a good lawyer could find loopholes in their waiver though.
> 
> Thanks everyone for the advice. Tomorrow I will put an attorney on retainer and have him/her seek my compensation.


The renter may have released them from liability, but you didn't sign any such waiver.


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## Sleestac (Feb 29, 2012)

Trophyhusband said:


> The renter may have released them from liability, but you didn't sign any such waiver.



That makes sense. If they hit the bridge, or fill the motor with sand, then it's on them.


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## JollyGreen (Jan 28, 2008)

*Claim*

I would go after the rental company in spite of the waiver. Most waivers are not worth the paper they are printed on. I would also go after the operator on a personel small claims case. They may be able file a claim on one of thier policies. You should not have to bare the cost of the repair if it wasn't your fault.


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## Starlifter (Feb 24, 2011)

You stated that the rental company has the operators sign a waiver to not hold the rental company liable for the renter. Which to me sounds like
if they are injured (renter) then they can't sue the rental company. Though they have insurance for the boats they rent.

I'd just get the information of the companies insurer and contact them due to a vessel that is insured under them was involved in a boating accident that damaged another person's property. Also, I'd go this route before your expenses have to start paying for an attorney. Lastly, it almost sounds as if the rental company is either misleading you hoping you take a hike, or they don't know what they are talking about dealing with their own waiver. Then again maybe not, which I hope is not the case.


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## xxxxxxxxxbowwave (Jan 18, 2012)

The waiver really doen't mean a thing. They signed it you didn't. They are probably liable because the did dot give the person renting proper instruction. That said the operator is absolutely liable. In signing the waver he may have agreed to accepting all responsibility while operating the watercraft. Never the less there is hardly a contract written that one cannot get around. You just have to figure out if it is worth all the agrivation and does the person have the assetts if you should win a judgment. The attorney fees could cost more than the judgment then you would end up paying even more than if you just ate it.


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## Hydro Therapy 2 (Sep 11, 2008)

Yep, a mess for sure...keep us posted as things unfold.


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## SHO-NUFF (May 30, 2011)

Yep, 
And a 3 minute pep talk qualifies the renters to know all the rules of navigation. Most of us have dealt with the fools during the blues or fireworks. Damn glad I made it home most of the time. I refuse to go anymore on the above mentioned weekends.


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## aquasport24 (Sep 6, 2011)

You can go after the rental company. When you file the suite it will be against the rental company and the operator of the boat. It will be the rental companies responsibility to then go after the operator.

I would take pictures of the damage to your boat and show them to the rental company stating that this damage was caused by their boat. Either they fix the damage or find themselves in court. They don't want to go to court and miss any of the "season" for renting their boats.


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## PompChaser315 (Feb 18, 2011)

Damn dude that blows.. Do you mind if I ask what rental company you are dealing with? PM me if you'd like


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## Howie1eod (Sep 30, 2009)

The rental company is Dockside Rentals in Destin. 

I tried calling and talking to them about the matter, they blew me off stating that the damage is totally on the operator not the company. They gave me the example of if you get in an accident with a person operating a rental car you go after the drivers insurance for damages not Hertz for renting it to him....

I'm thinking I need to lawyer up for this matter. Send the attorney down to the company to show them that we mean business and maybe they will settle rather than deal with the courts etc...


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## baldona523 (Mar 2, 2008)

aquasport24 said:


> You can go after the rental company. When you file the suite it will be against the rental company and the operator of the boat. It will be the rental companies responsibility to then go after the operator.
> 
> I would take pictures of the damage to your boat and show them to the rental company stating that this damage was caused by their boat. Either they fix the damage or find themselves in court. They don't want to go to court and miss any of the "season" for renting their boats.


Exactly. I am sure this is what the lawyer will do. Honestly 5k is nothing in attorney fees. I am sure a lawyer will go after both of them, and the rental company would be crazy not to pay up. They tell you they have no liability, but I am sure they have a ton of liability insurance.

The difference between renting a car and renting a boat is that most people don't have boaters liability insurance, so that is BS excuse. You can rent a car for 50 bucks a day, a rental pontoon is like $450+ bucks a day.


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## Choozee (Jun 12, 2010)

Please keep us posted as to the outcome I am very curious to see how this turns out

Sent from my iPad using Forum Runner


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## DTFuqua (Jan 30, 2012)

Howie1eod said:


> The rental company is Dockside Rentals in Destin.
> 
> I tried calling and talking to them about the matter, they blew me off stating that the damage is totally on the operator not the company. They gave me the example of if you get in an accident with a person operating a rental car you go after the drivers insurance for damages not Hertz for renting it to him....
> 
> I'm thinking I need to lawyer up for this matter. Send the attorney down to the company to show them that we mean business and maybe they will settle rather than deal with the courts etc...


With a rental car company, they are required to make sure the renter has insurance or they sell them a policy to cover it. The rental boat company should have the same obligation. Don't let them bull crap you.


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## Duncan (Oct 1, 2007)

Typically, the insurance follows the vehicle, not the driver. Just because the operator has a signed document releasing them from liability it is no good if it is unlawful. That being said, if the company is good at stonewalling, you need to get a lawyer or get ready to go to small claims court.


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## degaman1 (Oct 12, 2009)

I don't know the exact requirements, but if the dude that hit you was really young you may be able to hit them with this:

"As of 2010, all boaters in Florida who were born on or after January 1, 1988 must carry a valid Boater Education ID Card when operating any motorized vessel of 10hp or more. Non-Florida residents need proof of completion of a NASBLA-approved boating course.

Note: You do not need a 'boating license' to operate a boat in Florida. You do need a Florida Boater Education ID "

I'm going to assume the rental company should have verified he had completed a NASBLA course unless there's a loophole for tourist rentals. Again the offender would have to be less than 24.


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## Howie1eod (Sep 30, 2009)

*Update!!!*

Ok, here's the deal. I talked to an attorney this morning and he was looking into a "Dangerous Instrumental Law"; the outcome was that since no one was "physically" injured the operator assumes all responsibility. If one of us was to have been hurt it would have been a different story, then the rental company is liable. Anyway, they advised me to contact the operator of the other boat and see if he will pay for damages, if he does not then it's a small claims court issue. I was also advised that going to small claims court does not mean that the offender will pay, it's just a judgement that he should pay. If he fails to pay then you can write off that balance in your taxes...Big Deal! 

Anyway, I'm going to fix my boat with some great friends help at the cost of a case of "refreshments". 

Lessons Learned:
1. Upgrade insurance to full coverage regardless of cost of boat. Imagine of he hit me further back and shaved off my outboard!
2. Remain vigilant when operating the boat near any of the high tourist areas.
3. Avoid rental boats and jet skis like the plague.

I hope we can all learn from this and educate our friends and families who truly have a love for the water and living in the panhandle. 

Thanks again for the advice.

Howie


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## DTFuqua (Jan 30, 2012)

A thought. You should have taken everyone to the ER that even got jostled up any just to be sure and if anyone had/has any complaints about soreness, follow up with medical check up. That may put it back in the rental insurance companies corner. 
whiplash doesn't always show up the moment an accident happens.


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## Salty Daze (Sep 25, 2011)

Howie - This pisses me off! As I am sure you have been pissed since Sat. I was one of the boats talking to you from crab island. As soon as you radio'd and then said you were docking up I was looking for the Jack*&& that left the scene. He drove right by me and anchored up. That's why I was trying to talk with you so when the law came we could pin point the jerks. I was absolutely surprised at the lack of concern of where the fleeing boat was to the law. Especially after you told the law they hit you and ran and left you with kids on board a cracked hull! 
These idiots pulled up and anchored into crab island and then half of them looked horrified and the other half jumped off and started to play like nothing ever happened.
When they left and drove over to where you were, they left half their crew on crab island. I can only guess why they did that, but I bet I wouldn't be wrong.
As mentioned above about being 24. I would guess that they were. I think they were in their twenties for sure.
What bull crap for a rental company to be able to rent to someone and nobody be responsible for an accident yet hold boaters like us to the gun on insurance and laws. Especially idiots like these. Of course there is no test to see if your an idiot as your renting the boat. but there should be.
I will tell you this, hopefully i follow this thread enough to see what happens. Because i usually gas up at the rental place and buy snacks and ice cream there. But if this is how business is conducted, then no more for me. I am sure they all operate the same way, under the same laws and loop holes, but this one i have seen first hand. 
Hopefully someone steps up business or young Jack*&& and helps your costs out. Even more importantly, I hope your kids get back on the boat and continue to have a great boating life. Its important to have fun and not be scared on the water. Tom


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## Howie1eod (Sep 30, 2009)

Tom, 

Thanks for the assist! It's good people like you that give me hope that our society is not going to hell.... On another note, my buddy came over today and fixed the boat like new. It needs 72 hours to cure but I should be back on the water in no time. Well, after I upgrade my insurance coverage that is...

See you out there!

Howie


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## Cannon (Feb 28, 2010)

The rental company can still be liable as the owner of the boat. I would send a letter to both the operator and rental co. making a demand that they put their carriers on notice, and provide you with their insurance information. Then send certified letters to both carriers including damage estimates. This should cause someone to get in touch with you.


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## grouper1963 (Feb 28, 2008)

johnboatjosh said:


> Lawyer....


Get a lawyer - Simpson near the FWB Hospital. 

I'd sue both the operator and the rental - did they give the rentee any training? Was alcohol involved? Was anyone hurt?

That boat must have been moving pretty fast to separate your hull as described.


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## Howie1eod (Sep 30, 2009)

Talked to a few lawyers today. If no one was hurt it's on the operator (small claims court). Not to mention, the lawyers don't want anything to do with recovering 10K for property damage. Simply, it's not worth thier time.


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## Kascus (Dec 27, 2008)

Check to see if he used a credit card to rent the boat. A lot of credit card companies provide coverage for rentals paid with their card.


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## shkad14 (Apr 26, 2008)

Going to court and winning a judgment doesnt mean he will have to pay, but you will have some great tools to make his life miserable until you do collect. Garnish wages, levy bank accounts. Just make sure you find out where he works during the court case.

A lot of times, the embarrassment will make people pay up. Trust me. I have done this a lot 

One way to get at the rental company is to start leaving negative reviews EVERYWHERE. Places like yelp and hotfrog, also their google places page. You can do a lot of damage to the company by hindering their sales and giving them a bad public perception of not caring about the community at large.

You could even fill the first page of google with nothing but bad press about them. Let them know that this is a possibility, but you just want them to do the right thing. If they refuse, blast them.


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## AndyS (Nov 22, 2011)

I'd make one really big stink if this rental company was stonewalling me like that. As others have stated you can create a lot of bad p/r for the rental company. Vacationers do a lot of their research on the internet.

I agree with some others you can most certainly hold the rental company liable along with the operator, but I suspect you are going to have to identify something they did wrong in renting the boat to this particular operator though. That may not be as difficult as you think if you make them pony up all of their rental & safety policies & procedures & prove they are adequate & that they followed them. They have insurance (read: deep pockets), so in addition to whoever this operator was I would focus on them as well.

Certainly the rental company has to have various permits from government agencies to be operating in the harbor .... I'd be in communication with those agencies. Explain what happened & how you are being stonewalled & request some inspections be conducted they are operating with all the necessary permits, insurance, safety equipment, required policies & procedures, etc.

Have your attorney seek a subpoena for all records pertaining to the rental to that particular operator that day ... as well as full copies of the rental policies & procedures, licenses, safety equipment, etc.

Sometimes just the very fact they were actually served with a subpoena can get people's attention and bring them to the settlement table. At the very least it will make them shell out some $ themselves for an attorney to handle it. 

As I recall you said your kids were so _traumatized_ by the incident they don't want to go boating again. Get 'em down to a counselor & make sure you let your attorney know you may wish to seek damages for that as well .... so he can pass that on to the rental companies attorney - should get their attention.


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## fishnhuntguy (Feb 8, 2012)

*No Way*

The rental company has to have liability to operate in the state. The State of FL and county would not have given them a business license without proof of insurance. My guess is the rental company is lying to you so you would make a claim with your own insurance. Your lawyer should be able to cut through the bull and get you paid. Make sure you get paid for loss of use, trauma to you and your kids, ect. . The rental company does not want to make a claim becuase they may get dropped for their insurance plan. Good luck.


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## DreamWeaver21 (Oct 3, 2007)

It is sad to me how sue happy everyone seems to be of the rental company. Vehicles don't cause accidents, drivers do. Guns don't kill people, people kill people. Put the blame where it belongs, which apparently is on the operator of the other boat. How did he hit you anyhow? I know that area gets very busy but did you just not see him coming or what?


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## dustyflair (Nov 11, 2011)

Dreamweaver, if you were hit by a guy driving a Gulf Power truck are you going after the driver or Gulf Power? It's the Deep Pocket Theory. Go after the deepest pockets you can find. Everyone assumes the guy who caused the accident won't pay. I assume that the rental company has insurance. Just go to small claims court and file the case against the Rental Company.


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## Trophy05 (Nov 12, 2008)

DreamWeaver21 said:


> It is sad to me how sue happy everyone seems to be of the rental company. Vehicles don't cause accidents, drivers do. Guns don't kill people, people kill people. Put the blame where it belongs, which apparently is on the operator of the other boat. How did he hit you anyhow? I know that area gets very busy but did you just not see him coming or what?


I agree. People in America have become sue crazy. What amazes me is even after the original poster stated he talked to more than one lawyer and they all said the same thing ( that unless someone was hurt, it's on the operator of the vessel not the rental company) that people still are saying sue the rental company.


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## Trophyhusband (Nov 30, 2011)

Trophy05 said:


> I agree. People in America have become sue crazy. What amazes me is even after the original poster stated he talked to more than one lawyer and they all said the same thing ( that unless someone was hurt, it's on the operator of the vessel not the rental company) that people still are saying sue the rental company.


I can't speak for other people, but I personally think the rental company should be held partly liable, and I say that coming from the position of agreement with you about people being sue crazy. My wife is an OG/GYN so I'm very in tune with the damage lawsuits and overzealous lawyers are doing to this country. That said, I don't think there should be a huge lawsuit here, just a recouping of any money he was out. The rental company has insurance and that should pay to have the man's boat fixed. Of course he should try to get the operator of the boat to pay first, but from his actions after the accident it's highly unlikely that he will. He shouldn't ask for pain and suffering, mental anguish, or any other silly stuff like that, but he is entitled to have out of pocket expenses, things he can show a reciept for, paid (yes, I said entitled, and I use that term very sparingly; too many people in our country feel "entitled"). This is the kind of thing lawsuits are for. They are not for suing you doctor because you drank and did drugs while pregnant and now your baby is sick. They are not for suing a restaurant because your dumb ass spilled HOT coffee on you lap. They are not for suing cigarette companies because you smoked and got cancer.


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## tjwareusmc (Jul 10, 2008)

I'm against frivolous lawsuits but the civil courts can be a good thing, such as in cases like this. And everyone likes to talk about the lady who spilled her coffee, well the McDonalds had turned their coffee pots up far beyond the acceptable settings so that customer's coffee would still be hot after they arrived at work. When it spilled on the senior citizen's lap, ot gave her third degree burns. The coffee was unreasonably hot. It would be like the ice cream truck handing out Popsicles made of dry ice, somebody is going to be injured.

A jury saw this and ruled that McDonalds pay a huge sum because it was a punitive award. The only way to get a large business to pay attention sometimes is to hit them in the pocketbook.

I dealt with an oil and gas company a few years ago in Texas. A friend of mine had just bought 11 acres, close to Ft.Worth to build a custom home on. An oil company came in a week after he bought the property and bulldozed a strip 50 feet wide from one end of the property to the other!! He stood there asking, then demanding that they stop! They rolled through with 2 D8's and a few service trucks. The police would do nothing. The company said they have rights to make an access road to their well, so my friend started videotaping the destruction. His wife is a big shot attorney in TX and he explained to me that big companies like Devon energy just come in and do whatever the heck they want because they make more money paying lawyers than waiting for permission. 

They went to court and after spending $200K in legal fees my friend settled and could not even tell me how much for. It seemed to me that a company like that SHOULD have been hit with a HUGE judgement so they would think twice in the future about being so unethical.


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## gator7_5 (Oct 4, 2007)

No different than if you get hit by an uninsured motorist. You take a chance by having liability only. I would never own a boat without having collision. Too many ways to sink a boat and too many hurricanes.


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## DreamWeaver21 (Oct 3, 2007)

dustyflair said:


> Dreamweaver, if you were hit by a guy driving a Gulf Power truck are you going after the driver or Gulf Power? It's the Deep Pocket Theory. Go after the deepest pockets you can find. Everyone assumes the guy who caused the accident won't pay. I assume that the rental company has insurance. Just go to small claims court and file the case against the Rental Company.


Major difference is the Gulf Power truck was driven by an EMPLOYEE doing business. Businesses take on a level of risk by hiring employees. I have gotten in a wreck in a rental car while on official company business. It sucked and my employer had a risk management team that had to be engaged. The guy driving the rental boat was a customer not an employee.

A better analogy would be if I go to Home Depot and rent a power saw and then do something stupid with it and cut myself, should I be able to sue Home Depot for my own stupidity? I think not.

If I rent an exacavator and then dig up the sewer line is it the rental company's fault I didn't get the area flagged?

Now if the situation were the collision occured because the rental pontoon boat's steering failed and the owner knew it was leaking but rented the boat out anyhow without fixing it then I could see the company being liable.

The deep pockets theory is part of what is wrong with this country in my opinion.

Maybe the rental company insurance does extend to the stupidity of its customers, I don't know. I do know that if that is the case and they pay a claim then they should seek judgement against the operator.


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## aroundthehorn (Aug 29, 2010)

DreamWeaver21 said:


> Major difference is the Gulf Power truck was driven by an EMPLOYEE doing business. Businesses take on a level of risk by hiring employees. I have gotten in a wreck in a rental car while on official company business. It sucked and my employer had a risk management team that had to be engaged. The guy driving the rental boat was a customer not an employee.
> 
> A better analogy would be if I go to Home Depot and rent a power saw and then do something stupid with it and cut myself, should I be able to sue Home Depot for my own stupidity? I think not.
> 
> ...


For me, the real issue with these boat/jetski rental companies is that they often willingly rent machines that can kill people to folks who have no idea about the rules of the water and who don't care if they do.


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## FishGolfDrink (Apr 19, 2011)

Trophyhusband said:


> My wife is an OG/GYN


Totally just figured out the meaning of you username now... hahah, nice!


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## hit man (Oct 5, 2007)

Sorry, but I couldn't resist and I haven't read EVERY post, but....let me get this straight....

there was a boating ACCIDENT, whereas NO ONE WAS HURT (thank god), that was cause by a young/inexperienced tourist

the damage was repaired in a day for the cost of a case of beer, because you don't insure your own stuff (insurance policies state to "make you whole")

now WE want to sure for major $$$$.....WTF?

have you contacted the operator OR the rental company with an actual loss figure?

in my opinion, this is what is wrong with this country....sit back and want more than we deserve...I am sorry you wer involved in an accident, but you should be grateful that no one was hurt and that you are wise enough to never have done something so silly as not pay attention while doing something and cause an accident...but I still don't think you or anyone else should be entitled to more than you deserve...ACTUAL DAMAGES....flame away


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## auburn17 (Oct 29, 2008)

The smartest statement i have seen in this thread was from the person who said to contact your insurance company. Just becuase you dont have full coverage does not mean that the Rental company didnt. 

You should have called your insurance company and let them fight it out, that is what you pay for.


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## submariner (Oct 2, 2007)

*really ????*

No question about your ethics

Hot coffe shouldn't be TOO hot

A person buying land should not ask or know about right aways before buying.

Law suit is the right path- Not



tjwareusmc said:


> I'm against frivolous lawsuits but the civil courts can be a good thing, such as in cases like this. And everyone likes to talk about the lady who spilled her coffee, well the McDonalds had turned their coffee pots up far beyond the acceptable settings so that customer's coffee would still be hot after they arrived at work. When it spilled on the senior citizen's lap, ot gave her third degree burns. The coffee was unreasonably hot. It would be like the ice cream truck handing out Popsicles made of dry ice, somebody is going to be injured.
> 
> A jury saw this and ruled that McDonalds pay a huge sum because it was a punitive award. The only way to get a large business to pay attention sometimes is to hit them in the pocketbook.
> 
> ...


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## jplvr (Mar 7, 2011)

aroundthehorn said:


> For me, the real issue with these boat/jetski rental companies is that they often willingly rent machines that can kill people to folks who have no idea about the rules of the water and who don't care if they do.


 Boat dealers sell boats to similar people and can't be sued for the stupid things they manage to accomplish.


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## mitch mako 21 (May 30, 2009)

Man, you are a stronger willed man than I...I would have probably opened a can of W...A... on him, and then caused a lot more problems than it is. I hope you get everything worked out, I agree, the rental company is at fault. Thats why their insurance is so high to own such a business. I would say get a lawyer to just write a simple letter to them to know you mean business.


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