Negligence, Other Injury Boat Sink

[SunnyBoat]

First, thanks for a taking a pause to read my issue

I have rented a boat for a family outing and the boat sank in the water in the mid of our boat ride. Thank god no one was injured since a another boat which was passing by saved my kids and the rescue team boat pulled out the adult. It was close call and a 30-60 seconds difference would have made it life or D*** situation.

Here, are couple of facts:
The family consist of 1 infant, 1 3 yrs old and 4 adults - the boat has a capacity of 12 people.
We ride the boat close to 2 hrs and after that we found the boat is not moving freely as before
We also found the back part of the boat was going down
We checked the attic (where anchor is located) and we found it is filled with water - we made a decision to go back to the port
We called the owner and he didn't had any recommendation
We called the resume folks and at the same time we saw a boat passing by which helped the kids
Before the resume team came... couple of us were in water but the resume folks pulled us out.
The boat renting ad was placed by an individual on a craigslist and it wasn't run by a professional company but I have signed a rental agreement.
Other than the cell phone damage we lost picnic items, shades etc.
My daughter still wakes up in the night recalling the boat sink

Latest: As per the boat owner there wasn't any issue in the boat and it was an OPERATION issue (I am not clear on this)

Questions:
The boat owner is asking for a certain amount for towing and follow up repair
Are there any lawyers specific to boat accidents?
What are top 3 steps you recommend?

 

[army judge]

Latest: As per the boat owner there wasn't any issue in the boat and it was an OPERATION issue (I am not clear on this)

Questions:
The boat owner is asking for a certain amount for towing and follow up repair
Are there any lawyers specific to boat accidents?
What are top 3 steps you recommend?

Well, this is an interesting, intriguing post.

I suggest you create a list that ACCURATELY reflects the value of ALL items lost in this incident.
As an example, you lost a 10 year old picnic basket that you paid $100 for 10 years ago.
The value of said 10 year old, used item isn't $100 today.
Perhaps its value is $25?

Anyway, create a list.

Then determine if anyone has injuries from the event.
Your daughter might require psychological counseling to address what could be PTSD.
You can't just assess that, however, it must be done by a medical practitioner (MD, DO, PhD).
Determine how much her counseling, assuming its warranted will cost you.

Once you have an idea of damages, make that comprehensive list.

Did the incident occur on an inland river, a lake, a canal, a city park lagoon, or the ocean, sea, or gulf?

The location of the incident will determine if tort law or maritime law applies.

Then make three or four appointments with REAL attorneys in your county.
The initial consultation will often be provided free of charge.
That's when you determine your next steps.
You bring your list, your medical prognosis, and the rental contract.

Ultimately, the rental contract will play a big part in this.

As regards any demands made by the boat owner, the lessee, or the operator; make no comment, agree to nothing, other than to say the following:

I AM CURRENTLY CONSULTING WITH MY ATTORNEY. MY ATTORNEY WILL BE IN CONTACT ABOUT THIS MATTER AS SOON AS PRACTICABLE, THANK YOU.

Have you reported this incident to the local sheriff, or the harbor police, or the law enforcement authority that has jurisdiuction over the water on which this occurred (it might even be the US Coast Guard)????

http://www.dnr.state.md.us/nrp/


You can determine who holds ownership to a boat:

http://dnr.maryland.gov/boating/


In your state, MD, it might just be the MD Natural Resources Police....

http://www.dnr.state.md.us/nrp/pdfs/BoatAccidentStats.pdf




There are others that seem to have information on matters like this:

http://www.marylandinjurylawyer.net/boating-accidents.html

http://www.foranlaw.com/maryland-injury-lawyer/boat-accidents.html

If not, I suggest you determine who that agency is and report this matter to them.




Chesapeake Bay Hotline

Call 1-877-224-7229
to report any of the following

Boating accident or reckless activity
Fish kill or algal bloom
Floating debris that poses a hazard to navigation
Illegal fishing activity
Public sewer leak or overflow
Oil or hazardous material spill
Critical area or wetlands violation
Suspicious or unusual activity

 

[mightymoose]

Latest: As per the boat owner there wasn't any issue in the boat and it was an OPERATION issue (I am not clear on this)

Questions:
The boat owner is asking for a certain amount for towing and follow up repair
Are there any lawyers specific to boat accidents?
What are top 3 steps you recommend?

The "operation issue", to put it simply, means that they are blaming you for the accident, not a problem with the boat.
Do you have your own insurance coverage for any of this?

Do not offer to pay ANYTHING. Do not discuss any of this with anyone but your attorney or your insurance company. If the owner contacts you then insist that any communication be done in writing through the mail.

You are not responsible for paying anything unless a court ultimately orders you to pay. Until then insurance companies can work it out.

 

[disagreeable]

I suspect someone failed to make sure the plug was in place properly. Consult your contract for liability.

 

[SunnyBoat]

Thanks a lot for taking out the time and providing all the details...specially for all the links.
I would like to provide one important information that I came across... the owner has bought this boat over a junk sale and replaced the engine before renting it out.
One other correction from my end is the incident happened in Virginia (VA) and not Maryland (MD). I am not sure.. if renting a boat is legal in VA.. which I need to recheck.

 

[Time2]

Thanks a lot for taking out the time and providing all the details...specially for all the links.
I would like to provide one important information that I came across... the owner has bought this boat over a junk sale and replaced the engine before renting it out.
One other correction from my end is the incident happened in Virginia (VA) and not Maryland (MD). I am not sure.. if renting a boat is legal in VA.. which I need to recheck.

Renting a boat is just like renting anything else; a hotel room, a car, an apartment. Before you take possession of theses items, you are required to read and sign an agreement. This agreement will clearly outline the responsibilities of both parties involved. Any proper agreement will include the scenario of Damages to rented property. You as a renter do not have to sign this agreement and can walk away from the deal. However, if you agree to take possession of the rental item after signing the agreement, you are then responsible.
How long did you have possession of this boat? Did it sink after ten minutes, or was it after hours of operation? Was the boat rented all summer or was it the first time on the water? Do you know how and can prove experience operating a boat? Can you prove that the boat suffered a failure?
It sounds like you signed an agreement, took responsibility for the boat and are now upset that the rental company is demanding that you honor your agreement.