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Lawsuit.....

HNL2LHC

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Another thread got me thinking of this topic. My intent is to learn from the challenges that other boat owners have had. Rother than just creating a shitstorm of a thread....

What legal issues have you had as a boat owner by the people that you invited onto your boat.
 

cofooter

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None, because I don't let anyone on my boat that isn't a close friend or family, and they abide by my rules or walk the plank! :D
I thought about posting the same thing but thought that even friends and family can turn on you when there are injuries, medical bills, loss of earning potential, etc. Why wouldn't they go after the money if they had to or if it was avaialable through insurance or assets?
 

HNL2LHC

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None, because I don't let anyone on my boat that isn't a close friend or family, and they abide by my rules or walk the plank! :D
LOL Guess I should plan on being that old weird guy on a boat alone. How about signing a release of liability? Would I have to have the wife sign it on each trip?
 

HNL2LHC

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I thought about posting the same thing but thought that even friends and family can turn on you when there are injuries, medical bills, loss of earning potential, etc. Why wouldn't they go after the money if they had to or if it was avaialable through insurance or assets?
All good points. WIll have to be sure all is in order before pulling the trigger.
 

Kailuaboy89

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LOL Guess I should plan on being that old weird guy on a boat alone. How about signing a release of liability? Would I have to have the wife sign it on each trip?
Haha up to you, I don't have a wife to worry about, just the kids, and all of them know the rules, and are safe. I always brief new friends to how things work and generally don't have any issues on the boat. I also am the DD and don't drink, so it works out real good having a sober captain all the time! :D
 

boatdoc55

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LOL Guess I should plan on being that old weird guy on a boat alone. How about signing a release of liability? Would I have to have the wife sign it on each trip?
From what I remember from years ago, a good lawyer can shoot holes in any release of liability signed by people on your boat. I thought this release was the bees knees about 40 years ago but was smiled at by a lawyer friend of the family.
 
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comfortably numb

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Had a good (ex) friend of ours use one of my jet skis and than let some chick ride it and busted her front teeth out.
Knew nothing about it till her Mom calls me two weeks later and ask who my insurance co. is. WTF
Told her to lose my number and call State Farm. Never heard back from her or my agent.
 

Ouderkirk

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Another thread got me thinking of this topic. My intent is to learn from the challenges that other boat owners have had. Rother than just creating a shitstorm of a thread....

What legal issues have you had as a boat owner by the people that you invited onto your boat.

None..I don't go with anybody who is likely to sue, and don't engage in activities that are likey to get me into trouble.
 
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Speed seems to be the most common factor during a boating accident.
Everyone wearing lifejackets will make it easier to recover the injured, and prevent drowning.
It takes a lot of practice to gain the skills needed to operate a boat at night, and if you don't practice often, you lose some of it, especially with no moon, or the skies are overcast at night.

I always have 2 working flashlights onboard, in case of breakdown.
 

namba860

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I will share my experience with you. Summer of 2014 I had a 23 foot Eliminator closed bow. My wife invites here best friend and her boyfriend that was very close to me at the time the 4 of us did everything together very trusting people. We decide to go to Willow beach on a Sunday morning about 10:30 A.M. we launch and the four of us are in the boat along with my son that was 13 at the time. We launch and get down about 3 miles, it was a windy day and one of my Bimini top straps broke. I pull over and fix it and move on, we get about another half mile and a different strap brakes I slow down to fix it just as I stop a jet ski runs right up the back of my boat lands on top of the engine cover and hits my friend and knocks him out. The jet ski was sited for reckless driving my friend was air lifted to UMC, we load up the boat and start heading to UMC I call a mutual friend tell him what happened and tell him to go check on him right away while we were on our way back. He gets released later that night no broke bones a few scrapes and bruises and very soar. A few days latter my insurance company calls and talks to him and he says that I'm no way responsible for this accident and will not pursue legal representation against me or my insurance company. He finds out the guy that hit us had no insurance, he seeks an attorney and the attorney tells him its a waist of time to go after the uninsured, go after the person with insurance which was me. Keep in mind my friend didn't have any health insurance himself. Anyways he files the paper work to sue my insurance company and claims he has Traumatic Brain Injury and all kinds of B.S. this pisses me off so we stop talking and hanging out with each other and he decides to try and pin punitive damages on me as well now it turns personal. Well 3 years latter after its all said and done the Jet Ski rider has a judgment against him my insurance company settles for my policy limits which was 300K The punitive damages got dropped because my attorney told him I would just file BK and he wouldn't get shit. The only person that made out was his attorney and the hospital got paid he didn't get jack shit except a lost friend and my wife doesn't talk to her best friend anymore. I'm nervous as shit to let anyone ride in my boat anymore. I have since upped my policy limits and added an umbrella policy. BE CARFULL WHO YOU LET RIDE IN YOUR BOAT!
 

HNL2LHC

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THanks for all of the replies. It clearly opened up my eyes to the liability and I wil go forward as my wife allows me. LOL. In addition it makes me even more appreciative of the people kind enough to allow me into their life of boating.
 

brgrcru

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I will share my experience with you. Summer of 2014 I had a 23 foot Eliminator closed bow. My wife invites here best friend and her boyfriend that was very close to me at the time the 4 of us did everything together very trusting people. We decide to go to Willow beach on a Sunday morning about 10:30 A.M. we launch and the four of us are in the boat along with my son that was 13 at the time. We launch and get down about 3 miles, it was a windy day and one of my Bimini top straps broke. I pull over and fix it and move on, we get about another half mile and a different strap brakes I slow down to fix it just as I stop a jet ski runs right up the back of my boat lands on top of the engine cover and hits my friend and knocks him out. The jet ski was sited for reckless driving my friend was air lifted to UMC, we load up the boat and start heading to UMC I call a mutual friend tell him what happened and tell him to go check on him right away while we were on our way back. He gets released later that night no broke bones a few scrapes and bruises and very soar. A few days latter my insurance company calls and talks to him and he says that I'm no way responsible for this accident and will not pursue legal representation against me or my insurance company. He finds out the guy that hit us had no insurance, he seeks an attorney and the attorney tells him its a waist of time to go after the uninsured, go after the person with insurance which was me. Keep in mind my friend didn't have any health insurance himself. Anyways he files the paper work to sue my insurance company and claims he has Traumatic Brain Injury and all kinds of B.S. this pisses me off so we stop talking and hanging out with each other and he decides to try and pin punitive damages on me as well now it turns personal. Well 3 years latter after its all said and done the Jet Ski rider has a judgment against him my insurance company settles for my policy limits which was 300K The punitive damages got dropped because my attorney told him I would just file BK and he wouldn't get shit. The only person that made out was his attorney and the hospital got paid he didn't get jack shit except a lost friend and my wife doesn't talk to her best friend anymore. I'm nervous as shit to let anyone ride in my boat anymore. I have since upped my policy limits and added an umbrella policy. BE CARFULL WHO YOU LET RIDE IN YOUR BOAT!
why I hate most people...…..
people ask for rides, I even have wife's coming up to me and saying, "oh my husband would sure like a ride in your CP or Cole. I just look at them with a blank stare and go about my business. I will never give a ride to a stranger. shit happens. don't need that shit on my conscious.
 

rmarion

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Purchase a personal Umbrella Policy. Dont put yourself in a precarious position. DONT INVITE ASSHOLES!!!! You know who they are....
Surrounded yourself with GOOD PEOPLE..

Enjoy LIFE
 

SBMech

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Sad to see this trend of litigious bullshit gaining ground in motorsports.

The friends I invite to boat with know me well enough to understand what would happen if they were to sue me for something that was not my fault.

We have a clear understanding.
 

was thatguy

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Sad to see this trend of litigious bullshit gaining ground in motorsports.

The friends I invite to boat with know me well enough to understand what would happen if they were to sue me for something that was not my fault.

We have a clear understanding.
I dont know, with what I’ve read here this week a passenger is just as likely to be sued for leaving Cheeto marks or sun tan spray on the seats!
 

Slats

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If someone got hurt by my recklessness or something I caused I would expect them to get paid. But if you try to sue me just to get paid. There will be a big problem. And yes I would file bl on their ass in a heartbeat. It’s sad that people bale money over friendship. That’s why I hate everybody equally. Then you can’t say I’m prejudice.
 

grumpy88

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People say that's why they are very selective who they let on there boat . You have no idea what somebody is going to do until they are put in a situation . Money changes people quickly . Act responsibly and purchase the best insurance you can . After that enjoy life for what it is .
 

danben111

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Purchase a personal Umbrella Policy. Dont put yourself in a precarious position. DONT INVITE ASSHOLES!!!! You know who they are....
Surrounded yourself with GOOD PEOPLE..

Enjoy LIFE
How much does an umbrella policy cost? Is it a separate policy from an insurance carrier or tied to an existing policy one might have?
 

cofooter

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Separate policy, you have to "qualify" based on your other coverage/risk. Not exactly sure what the requirements were, I asked and they said I was "qualified" so I got one a few years ago.
 

C-2

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We've had an umbrella since day one of home ownership and State Farm requires all your vehicles and home to maintain the maximum amounts of coverage.

The umbrella policy itself is cheap - it's the max coverage on all insured items that costs more money. For example, my Excursion is 15 years old; yet I'm required to maintain 300/500K limits on it, with a max of $1MM (the umbrella).

To save money, a normal person carries only liability on a 15 year old vehicle...
 

crzy2bealive

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We've had an umbrella since day one of home ownership and State Farm requires all your vehicles and home to maintain the maximum amounts of coverage.

The umbrella policy itself is cheap - it's the max coverage on all insured items that costs more money. For example, my Excursion is 15 years old; yet I'm required to maintain 300/500K limits on it, with a max of $1MM (the umbrella).

To save money, a normal person carries only liability on a 15 year old vehicle...
Can I have progressive for my rzr and boat and get an umbrella policy but have my home insurance and car insurance with AAA and have a separate umbrella policy?





Sent from my SM-G960U using Tapatalk
 

C-2

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Can I have progressive for my rzr and boat and get an umbrella policy but have my home insurance and car insurance with AAA and have a separate umbrella policy?

Sent from my SM-G960U using Tapatalk
I think all the items you need covered by the umbrella would have to be insured thru one company.

We insured our Hallett with State Farm, it was included under the umbrella.

Then, I considered putting a 550 HP motor in the boat and got a quote from AAA, who didn't care about the HP as long as it didn't have dry stacks.

Since State Farm had knowledge of our boat, they said it must be insured thru us, or give us a bill of sale reflecting you sold it. Otherwise, we will not give you the umbrella.
 

Magic34

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As captain, the safety of your passengers is your responsibility, period. They get hurt, accidents happen, but that's why you have insurance. It's your job to keep everyone safe on the water in your vessel.
 

LHC Kirby

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I think all the items you need covered by the umbrella would have to be insured thru one company.
Not true... we have Arizona Home, vehicles, boat and California Home vehicles on ONE umbrella policy. Different insurance companies.

I’m sure it’s different with other companies.
 
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rivermobster

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I will share my experience with you. Summer of 2014 I had a 23 foot Eliminator closed bow. My wife invites here best friend and her boyfriend that was very close to me at the time the 4 of us did everything together very trusting people. We decide to go to Willow beach on a Sunday morning about 10:30 A.M. we launch and the four of us are in the boat along with my son that was 13 at the time. We launch and get down about 3 miles, it was a windy day and one of my Bimini top straps broke. I pull over and fix it and move on, we get about another half mile and a different strap brakes I slow down to fix it just as I stop a jet ski runs right up the back of my boat lands on top of the engine cover and hits my friend and knocks him out. The jet ski was sited for reckless driving my friend was air lifted to UMC, we load up the boat and start heading to UMC I call a mutual friend tell him what happened and tell him to go check on him right away while we were on our way back. He gets released later that night no broke bones a few scrapes and bruises and very soar. A few days latter my insurance company calls and talks to him and he says that I'm no way responsible for this accident and will not pursue legal representation against me or my insurance company. He finds out the guy that hit us had no insurance, he seeks an attorney and the attorney tells him its a waist of time to go after the uninsured, go after the person with insurance which was me. Keep in mind my friend didn't have any health insurance himself. Anyways he files the paper work to sue my insurance company and claims he has Traumatic Brain Injury and all kinds of B.S. this pisses me off so we stop talking and hanging out with each other and he decides to try and pin punitive damages on me as well now it turns personal. Well 3 years latter after its all said and done the Jet Ski rider has a judgment against him my insurance company settles for my policy limits which was 300K The punitive damages got dropped because my attorney told him I would just file BK and he wouldn't get shit. The only person that made out was his attorney and the hospital got paid he didn't get jack shit except a lost friend and my wife doesn't talk to her best friend anymore. I'm nervous as shit to let anyone ride in my boat anymore. I have since upped my policy limits and added an umbrella policy. BE CARFULL WHO YOU LET RIDE IN YOUR BOAT!
So you're saying because the straps on your binini broke, you lost two best friends, got sued and now are paranoid about guests in your boat.

What a nightmare. :(

@RiverDave
 

namba860

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2 broken Bimini straps cost me 300k 2 good friends increased insurance premiums a hole in my Boat sleepless nights worried days and a boat I really liked but just had to many bad memories. My entire family is paranoid now of boating the one thing we love to do as a family. PICK YOUR FRIENDS WISELY!
 

Tooms22

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As captain, the safety of your passengers is your responsibility, period. They get hurt, accidents happen, but that's why you have insurance. It's your job to keep everyone safe on the water in your vessel.
Exactly... with some of these posts it almost sounds like people could be at fault for an accident, their passengers get hurt, and then be mad at the passengers for utilizing the insurance for medical expenses, missed work, pain and suffering, etc.

Apparently people only carry insurance for the assholes who go after the money :rolleyes:
 

LargeOrangeFont

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2 broken Bimini straps cost me 300k 2 good friends increased insurance premiums a hole in my Boat sleepless nights worried days and a boat I really liked but just had to many bad memories. My entire family is paranoid now of boating the one thing we love to do as a family. PICK YOUR BIMINI RETENSION SYSTEM WISELY!
Fixed.
 

Old Texan

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What many with kids need to think about is when your kids come of age, taking the boat or pwc's out with friends. A local guy's 17 year old son was and his buddy were riding 2 pwc's and a storm came in. The other kid hit a dock and really fucked himself up.

Fortunately the guy had an insurance policy that pretty much covered the kid, but even then the kid's father started a lawsuit. Something happened and the suit was dropped, but it was a mess.

We live in a litigation happy society and never leave one's guard down around opportunists.
 

rivermobster

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Exactly... with some of these posts it almost sounds like people could be at fault for an accident, their passengers get hurt, and then be mad at the passengers for utilizing the insurance for medical expenses, missed work, pain and suffering, etc.

Apparently people only carry insurance for the assholes who go after the money :rolleyes:
Point taken...

But it sure sounds like the guest went after a little bit more than just his medical expenses.

Good communication between both parties should have made this a non issue. There is no reason the boat owner should have been put through hell.
 

brgrcru

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no fault insurance.
then we would be putting a entire system out of business.
would be perfect. hey ! life happens .
 

Boatracer36

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If anyone has questions about umbrella policies give me a call and I can help you out. Brad 949-632-4500. Also umbrella policies cover you on autos, home, random lawsuits, dog bits etc... I highly recommend people to get them usually start around $280 a year for 1 Million.
 

ghansen

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Getting in an accident in your boat is no different than in your car. Once a lawyer waves a carrot in front of person. They will go for the carrot. If they have their insurance pay a medical bill. Their insurance will determine liability and boom they are on your ass.
 
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What's the rate on an umbrella policy with a 4 seat turbo UTV?
I figure I'll need at least $1M a seat in liability coverage. ;)
 
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2 broken Bimini straps cost me 300k 2 good friends increased insurance premiums a hole in my Boat sleepless nights worried days and a boat I really liked but just had to many bad memories. My entire family is paranoid now of boating the one thing we love to do as a family. PICK YOUR FRIENDS WISELY!
Two broken straps is cause for alarm. Either the straps were improperly manufactured, or the owner of the vessel failed to properly maintain those straps (replace them). :)
 
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