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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Is a boat repair shop liable for damages after shop removing

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Is a boat repair shop liable for damages after shop removing boat drain plug and not replacing it or telling custermer it was removed. If so is there a precedence?


Thank you for your question.

This really depends on the type of boat you have and how the boat was returned to you. For instance, if your boat does not have an auto bilge pump, and was being repaired in a dry dock (which I assume it was since the drain plug was removed), then it would be negligent to leave the drain plug in. What if it rained while the boat was out of the water and the drain plug was left in with no bilge pump? That would cause the boat to fill up with water. However, it is arguable that the shop should have returned the boat to you in a useable condition, meaning that the drain plug should have been replaced if it came in that way. However, it is also arguable that the first thing on the checklist before putting the boat in the water is to check to make sure that the drain plug is in. This would make checking the drain plug the owner's responsibility in the first instance and make recovery in a lawsuit for any damage caused as a result very difficult.

There is no precedence on this issue in California.

Please let me know if you have further questions regarding this issue. Please also remember that I have a duty to provide you with an honest answer, and in situations like this, that answer may not be the one you wanted to hear. As a result, you may want to rate may answer negatively. I just want to let you know that rating my answer negatively only means that the website keeps your money and doesn't pay me, and should not be used to show your displeasure with the law, which I can't change for you.

Thanks and let me know if you wish to discuss this further.


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