I once asked a forklift operator at a dry storage place if he had ever
dropped a boat. He said there had been damage but never anything serious.

This isn't just some kid on a big forklift...

http://www.local10.com/news/9948836/detail.html

On Wed, 27 Sep 2006 22:29:17 GMT, Dan Krueger
wrote:

I once asked a forklift operator at a dry storage place if he had ever
dropped a boat. He said there had been damage but never anything serious.

This isn't just some kid on a big forklift...

http://www.local10.com/news/9948836/detail.html


....and in three of the three boatels I've used, the 'fine print' says the
marina is not responsible for dropping the boat from the fork lift.

FWIW.
--
******************************************
***** Hope your day is great! *****
******************************************

John

JohnH wrote:

On Wed, 27 Sep 2006 22:29:17 GMT, Dan Krueger
wrote:


I once asked a forklift operator at a dry storage place if he had ever
dropped a boat. He said there had been damage but never anything serious.

This isn't just some kid on a big forklift...

http://www.local10.com/news/9948836/detail.html



...and in three of the three boatels I've used, the 'fine print' says the
marina is not responsible for dropping the boat from the fork lift.

FWIW.
--
******************************************
***** Hope your day is great! *****
******************************************

John

You're kidding, right? They have NO responsibility? How do you present
that claim to your insurance company?

Dan Krueger wrote:
JohnH wrote:

On Wed, 27 Sep 2006 22:29:17 GMT, Dan Krueger

wrote:


I once asked a forklift operator at a dry storage place if he had
ever dropped a boat. He said there had been damage but never
anything serious.

This isn't just some kid on a big forklift...

http://www.local10.com/news/9948836/detail.html



...and in three of the three boatels I've used, the 'fine print' says the
marina is not responsible for dropping the boat from the fork lift.

FWIW.
--
******************************************
***** Hope your day is great! *****
******************************************

John

You're kidding, right? They have NO responsibility? How do you present
that claim to your insurance company?

Dan,
The contract can say anything it wants, it does not necessarily remove
them from having liability if your boat is damaged. It is happened to
me, I would report it to my insurance company, and they would fight it
with the botel.

Reginald P. Smithers III wrote:
Dan Krueger wrote:
JohnH wrote:

On Wed, 27 Sep 2006 22:29:17 GMT, Dan Krueger

wrote:


I once asked a forklift operator at a dry storage place if he had
ever dropped a boat. He said there had been damage but never
anything serious.

This isn't just some kid on a big forklift...

http://www.local10.com/news/9948836/detail.html



...and in three of the three boatels I've used, the 'fine print' says the
marina is not responsible for dropping the boat from the fork lift.

FWIW.
--
******************************************
***** Hope your day is great! *****
******************************************

John

You're kidding, right? They have NO responsibility? How do you present
that claim to your insurance company?

Dan,
The contract can say anything it wants, it does not necessarily remove
them from having liability if your boat is damaged. It is happened to
me, I would report it to my insurance company, and they would fight it
with the botel.

If the contract included *specifically negotiated* hold harmless,
indemnification or other risk transfer verbiage the liability can
absolutely be transfered.over to the contractor.

If not, good luck. ;-)

wrote:
On 27 Sep 2006 18:35:02 -0700, "JimH" wrote:

You're kidding, right? They have NO responsibility? How do you present
that claim to your insurance company?
Dan,
The contract can say anything it wants, it does not necessarily remove
them from having liability if your boat is damaged. It is happened to
me, I would report it to my insurance company, and they would fight it
with the botel.
If the contract included *specifically negotiated* hold harmless,
indemnification or other risk transfer verbiage the liability can
absolutely be transfered.over to the contractor.

This is the only country in the world where an unconditional hold
harmless waiver does not mean you can't find a lawyer who will sue for
you.
The scary thing is the number of times the plaintiff wins or simply
walks away with (half to 2/3ds of a) a nice settlement. The lawyers
take their piece off the top.

Which is the reason the insurance companies have so many lawyers on
retainer. The specifically negotiated hold harmless waiver is
overturned in courts all the time.

wrote in message
...
On Wed, 27 Sep 2006 23:00:31 -0400, "Reginald P. Smithers III"
wrote:

Which is the reason the insurance companies have so many lawyers on
retainer. The specifically negotiated hold harmless waiver is
overturned in courts all the time.

Nope. A general hold harmless perhaps. But not a specifically negotiated
one.

wrote:
On Wed, 27 Sep 2006 23:00:31 -0400, "Reginald P. Smithers III"
wrote:

Which is the reason the insurance companies have so many lawyers on
retainer. The specifically negotiated hold harmless waiver is
overturned in courts all the time.

They may not "win" very often when a waiver is present but if the
plaintiff promises a long and ugly trial the defendant usually
settles. Both lawyers make out fine.
The injured party gets a few bucks.

Yup, they state the defendant was "negligent" and was not acting in a
manner that would be considered "reasonable and prudent". As far as the
injured party at the botel, as long as you have your boat insured for an
agreed upon value you will come out ok. If you do not, your insurance
company will probably come up with a value for your boat that is
substantially below what you think it was worth, or what it will cost
you to replace the boat.

"Harry Krause" wrote in message
. ..
On 9/28/2006 8:39 AM, JimH wrote:
wrote in message
...
On Wed, 27 Sep 2006 23:00:31 -0400, "Reginald P. Smithers III"
wrote:

Which is the reason the insurance companies have so many lawyers on
retainer. The specifically negotiated hold harmless waiver is
overturned in courts all the time.

Nope. A general hold harmless perhaps. But not a specifically
negotiated one.


Ahh. American business...irresponsible as always.

"We dropped your boat, but it isn't our fault."


Serves them right if they are foolish enough to sign a contract stating the
company is not responsible for damages if they drop your boat. Anyone in
their right mind would cross out that part of the contract before they
signed it.

Reginald P. Smithers III wrote:
wrote:
On Wed, 27 Sep 2006 23:00:31 -0400, "Reginald P. Smithers III"
wrote:

Which is the reason the insurance companies have so many lawyers on
retainer. The specifically negotiated hold harmless waiver is
overturned in courts all the time.

They may not "win" very often when a waiver is present but if the
plaintiff promises a long and ugly trial the defendant usually
settles. Both lawyers make out fine.
The injured party gets a few bucks.

Yup, they state the defendant was "negligent" and was not acting in a
manner that would be considered "reasonable and prudent". As far as the
injured party at the botel, as long as you have your boat insured for an
agreed upon value you will come out ok. If you do not, your insurance
company will probably come up with a value for your boat that is
substantially below what you think it was worth, or what it will cost
you to replace the boat.

The problem is not in the assignment of negligence it is recognizing and
understanding that the customer/insured is going to pay either way,
through higher insurance premiums or higher fees at the Marina/Boatel.