Who's responsible for sinking my boat?

[Cory]

pictures? I'd like to see what two years of trapped water under a cover in the Texas heat does to a boat. Sorry this happened. Probably sucks to finally have water, but now no boat. Bummer!

[Bill_AirJunky]

Both at fault. Who doesn't look at their boat for years? Even when there is snow on my boat, I check it out

[mountaineerhill]

that's like parking your car in a field for 2 years after its been service and expecting it to fire right up... there just no way that amount of time passes and everything is ok

[GreenMan]

Pretty confident that if I knew I was storing the boat exposed to the weather, I would personally be making sure the plug was out - I wouldn't trust the dealer's document. I've never had a dealer do any work on my boats but the few times that I have had to leave it on the trailer outside, I have made sure that one or both of the plugs are out.

I guess the dealer's paperwork is incorrect so there's an issue there but seems like after two years it's a bit hard to prove to them that you haven't put the plug in yourself at some time and the concept of not checking under the cover for all that time (especially since you were there all those times) isn't all that good...!

Anyway, pretty unfortunate outcome. Hope there's not too much damage.

Edited June 11, 2015 by GreenMan

[flapjack]

Who doesn't look at their boat for years?

People who love their lakehouse and suffering a drought. I had to mow the grass around my dock last summer. You get so mentally beaten down, you don't want to even look at your boat.

[Sixball]

Just think if I am storing something of value for any extended time or unknown time I might make a valid attempt to have such item prepared for it!

[Stick]

It's been interesting seeing everyone's comments, especially the "I'm 100% responsible" ones.

As I look at it, if the dealership would have accurately performed the service I'd paid for and if they would have done what they documented (drain plug is out) then I flat out wouldn't be here.

Now, there's no doubt I have culpability in that I didn't check their work and I didn't look under the cover since the Fall of 2013. But I don't see how that makes me 100% responsible, but some responsibility is mine. Had the drain plug been out, none of this would have happened. I paid them to winterize the boat which is documented that the plug should have been out.

Many people have stated how do you prove you didn't put the plug back in.....I can't. All I can say is they told me they would have pulled the T-handle plug in front of the engine and for me to put it back in, I would have to remove the cover and get in the boat which I obviously didn't do.

I look forward to more discussion on this and hope for a positive end result and the ability to use my boat for the first time in ~ 3 years and hope my daughter remembers how to board.

[JoshinYall]

Too bad you drained it, we could've finally seen the wave behind a fully weighted Malibu . Does it have surfgate ? According to what I've read it Prolly woulda been a hair too much weight for an optimal surfgated wave ...

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[ahopkins22LSV]

Soooooooo unless I missed it, was the T-handle plug in the engine compartment in or not when you uncovered the boat? I understand the rear transom plug was in.

[REHinH20]

Stick,

I think everyone is just looking at this rationally - as would at jury, judge, attorney etc. You are looking for a way to get your boat repaired and paid for aren't you? I think this is where these comments come from - I think rather than placing blame at this point, you need to remove all emotions and try to go about it reasonably through the dealer. A rant on a public site blaming anyone will possibly do you more harm than good.

I think the point to take away from this, no matter how the plug got in there is that you probably have no recourse through any other manner other than your insurance.

Good luck.

[That Guy]

Wow, sorry to hear.

I'd have to say this is going to be your responsilbility and likely not something covered by your insurance either. Most insurance policies read "sudden and direct damages" which would not include the build up of water over an extended period of time in my opinion.

Ultimately this very likely could have still happened with the drain plugs not in the boat. If that amount of water is getting through your cover it may exit once it sinks down to the hull but you're exposing your entire interior to moisture and it likely wouldn't have completely dried out while still being covered and blocking sun from drying it thoroughly. Water still can puddle on seats/floor/compartments and never reach the bottom to exit via a drain plug, so this is where it's necessary to always be prudent.

Again, sorry to hear and hope you get it repaired quickly and without major issue.

[ibelonginprison]

I mean, yeah... you should look at your boat every like...... I dunno, year or so?
But still - if you pay a dealer to winterize your boat, and the paperwork SAYS "removed plug" and you PAID the dealer to set it up to be able to store the boat - should it matter if it's for 6 months or 24 months? Does the paperwork have a time limit on there? Does the paperwork say "even though we're telling you what we did, you should still go behind us and double check our work... you know, in case we screwed up." You paid to have a service to be able to store it... they didn't do what they said they did.

Legit question though... what's considered a reasonable time frame to be able to blame the dealer? 6 months? 12 months? 18 months?

[RTS]

While it's true that you may not be 100% responsible, or even 0% responsible, what is important now is what it's going to cost to get you back to 'whole'.

And the way I see it, the formula goes something like this.....

Your Cost = (100% of the cost of the repairs) - (whatever the dealer will throw at the repairs out of goodwill).

Therefore, it is imperative that you don't get into it with the dealer, in person or on a public forum. You need to maximize that goodwill to minimize your costs.

I am not saying they do not bear any responsibility here, but I am saying it is going to be like trying to shove a wet noodle up a wildcats butt to 'force' them into doing anything for you...legally....no matter what stamp is on your work order. It just seemed like in your first post you were looking for some ammo, so to speak.

You mentioned it to them, they denied it, let it go and see what (if anything) they will do for you.

[isellacuras]

My bet would be on insurance covering it. I understand the negligence part but if you run a stop sign and crash into someone, your insurance covers it. I would be starting with insurance and let them work it out with the dealer if they believe them to be at fault. This is why we pay for insurance. If claim is denied, look into a plan B.

[oldjeep]

I think you confuse siding with personal responsibility and siding with dealer. Regardless of the plug, the boat would be a moldy smelly rusty mess after sitting under a leaky cover for 2 years.

[RTS]

My bet would be on insurance covering it. I understand the negligence part but if you run a stop sign and crash into someone, your insurance covers it. I would be starting with insurance and let them work it out with the dealer if they believe them to be at fault. This is why we pay for insurance. If claim is denied, look into a plan B.

I don't know, man... I can't imagine talking to the agent and saying that you left your boat in the elements (albeit covered) for a year and a half and now you want them to get rid of the mold, and possibly replace the starter, alternator and batteries to boot. Among whatever else is wrong and will be going wrong over the next little while. It's not like it was an accident or vandalism. And it's not like it happened due to a storm like a hurricane or tornado or something....

Mold, starter, alternator, batteries, etc....I just don't see those things being covered (no pun intented).

But I do hope I'm wrong.

[Bozboat]

Dry for years, then more than 20 inches of rain in May, seems likely that this just happened. The 20 inches of rain overwhelmed your boat cover and sank your boat. The boat insurance would cover the storm damage if that is what it is.

[oldjeep]

While it's true that you may not be 100% responsible, or even 0% responsible, what is important now is what it's going to cost to get you back to 'whole'.

And the way I see it, the formula goes something like this.....

Your Cost = (100% of the cost of the repairs) - (whatever the dealer will throw at the repairs out of goodwill).

Therefore, it is imperative that you don't get into it with the dealer, in person or on a public forum. You need to maximize that goodwill to minimize your costs.

I am not saying they do not bear any responsibility here, but I am saying it is going to be like trying to shove a wet noodle up a wildcats butt to 'force' them into doing anything for you...legally....no matter what stamp is on your work order. It just seemed like in your first post you were looking for some ammo, so to speak.

You mentioned it to them, they denied it, let it go and see what (if anything) they will do for you.

From a cost perspective, better off just fixing himself if able. Even with goodwill discounts, dealer parts and labor prices are going to be a lot higher than open market parts and some sweat.

[RTS]

Stick....have you contacted your insurance company? What did they say? I think that is a question we would all like you know the answer to...if just for future reference.

[oldjeep]

Forgetting about who is responsible for a moment. Have you removed all the cushions from the boat and sucked all the water out of the carpet, put some fans in to dry the rest of it? If there is a claim with insurance, you are going to want to show them that you are attempting to minimize loss. Even I there isn't a claim, the sooner you get them out, cleaned and drying the better.

Edited June 10, 2015 by oldjeep

[ID AX]

Does the paperwork say "removed plug" or "removed plugs"?

If you end up in a legal battle it will matter. I personally don't see how you can prove negligence 2 or 3 years after the fact. Unless the paperwork lists the hours to the tenth and they are still the same now. Pretty long shot in my opinion and going to be expensive. I would call my ins agent and blame it on the recent rain and a hole in your cover. Good luck and I hope everything turns out ok.

[Fman]

Is this any different than someone not putting in there drain plug, launching and sinking there boat or causing damage to the engine? I would think insurance would cover it regardless. Also, how you present it to your insurance company could be a factor. With recent flooding in Texas, would not be a hard sell telling your insurance your boat was flooded out in the recent storms. Considering there was a drought for the past three years most of the water more than likely came from this year anyway.

I would try insurance claim first, then if that fails work with your dealer. They have to take some responsibility for not removing the drain plug which you paid them to do.

There is a good chance your seat cushions have mold in the foam, I would really think about just replacing all the cushion skins and foam.

Best of luck to you, sorry this happened... I hope you get it resolved soon and get back on the water.

[Fman]

What about people who do not do any maintenance on there boat? Or have any clue about how a boat works? There are a lot of them out there, they pay the dealers top dollar to take care of there boat maintenance. Should the owner be held accountable if the dealer fails to perform a maintenance item correctly? I don't think they should, that is why they are paying the dealership. Not that is not a bad idea to double check items, but a large majority of the public does not do any work on there own boat.

[vanamp]

That sucks!

I think the keyword here is "winterized". I'm from MN and know a thing or two about loooong winters but 2 years of hands off storage would require something more substantial than a simple winterization. I'm sure there were other issues with it the standing water was just the most obvious.

Hopefully insurance comes through for you.

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[Sixball]

So if my home needs work I think I will take my wife and vacation for a year or two and when I return I can just get my insurance to take care of everything.

Winterizing is not the same as prepping a boat for storage for years. How was the boat sitting if it was not level it was going to hold water plug in or out! The cover was not in any shape to be stored outside!

The OP is stepping up as it sounds to me he asked I am just giving MPO. Would not have taken much effort to look at the plug hole?