think im getting beat

[workingonadream]

I was not there, but I don't dispute that it happened, im disputing that its on me to pay. when I speak to them on Monday im going to ask them to define what general negligence is and why they think its my responsibility to pay. I bet they will hang there hat on the general negligence clause

[johnjen50]

When you speak with them ask them to explain to you why it would be on you to pay for a mistake they made. Tell them you may understand if you had contracted out the job to a third party, but here you asked THEM to complete work for you, and THEY made the error. Before you go all lawyer on them, if they are unyeilding, I would let them know that you are going to speak with the Coast Guard and the Environmental Police (or similar authority) to inquire how this works. Dont be threatening, but I'm sure they will get the subtlty of you implicating them and questioning their competence. Particularly the environmental authority, as they may bring heat in the form of increased scrutiny to the marina. If nothing works, and I dont know how much the bill is, I would definitely find a lawyer friend and persue this. Its a slam dunk in your favor.

[tellico]

Depending on your insurer, you might reach out to them for advice and perhaps coverage. BOATUS is a pro at spills and related issues, not sure on others.

[rsmith]

When you speak with them ask them to explain to you why it would be on you to pay for a mistake they made. Tell them you may understand if you had contracted out the job to a third party, but here you asked THEM to complete work for you, and THEY made the error. Before you go all lawyer on them, if they are unyeilding, I would let them know that you are going to speak with the Coast Guard and the Environmental Police (or similar authority) to inquire how this works. Dont be threatening, but I'm sure they will get the subtlty of you implicating them and questioning their competence. Particularly the environmental authority, as they may bring heat in the form of increased scrutiny to the marina. If nothing works, and I dont know how much the bill is, I would definitely find a lawyer friend and persue this. Its a slam dunk in your favor.

$450/hour with a $10k retainer the lawyers will win for sure! You not so much.

[Canuck Dennis]

If the case is strong, contingency should kick min.

[Tinman]

Sounds like a very profitable business. Do they have pictures of the spill? Did they notify the Coast Guard?

[rsmith]

If the case is strong, contingency should kick min.

Seriously??? Go find me a lawyer that will take a contingency case that's not a car wreck or a slip and fall.

[Boatsb]

Seriously??? Go find me a lawyer that will take a contingency case that's not a car wreck or a slip and fall.

Any good lawyer would see the benefit to taking a contingency case on a $1000.00 civil litigation. In Canada maybe.

[Canuck Dennis]

Contingency cases in Canada are fairly rare in comparison to the US, there are not the huge awards made by Judges or Juries except maybe in death cases or really severe injury. A case like this one would be a small claims Court action up to 20k and can do yourself with a bit of coaching

[Tinman]

If they did not report the spill that they created and billed you to clean up they are subject to a fine. You may want to verify if they reported their fuel spill. If not you have some real leverage.

http://www2.epa.gov/emergency-respon...e-releases#oil spills