Sam's is your source for Hatteras and Cabo Yacht parts.

Enter a part description OR part number to search the Hatteras/Cabo parts catalog:

Email Sam's or call 1-800-678-9230 to order parts.

think im getting beat

W

workingonadream

Well-known member
Joined
Dec 6, 2009
Messages
227
Status
  1. FRIEND
Hatteras Model
Not Currently A Hatteras Owner
looking for some opinions on my current situation. I recently had my 250 gallon mid fuel tank polished. apparently some fuel spilled from the vent during the polishing, thus causing the marina to do a hazardous waste clean up. mind you, I was still on the hard for the winter. today when I got the bill, I saw they are charging me for the clean up which is more than the actual polishing. what do you all think. thanks
 
Sounds unreasonable to me, especially if the yard was doing the polishing for you. Even if they werent, how could it have cost them so much to clean it up. Did they have to dig up yards of soil and have it scrubbed? I have a polisher on my boat and there is no overflow though the vent when I'm polishing. I can't imagine more than a cup spilling the way you have described. I would ask for a full accounting of what happened.
 
what I can infer from the bill is that more than a couple of cups spilled out while the process was going on. they put a 40 ft something or another in the water to catch fuel. I was on the hard but on the edge of the water. they charged me hazardous waste removal. labor, and some other item to aid in the clean up. I still don't see how its my problem.
 
So was it the yard that did the polishing for you?
 
yes. they billed me for the polishing and on that bill was the fuel clean up
 
I love it, they screw up and you pay....any worthwhile lawyer would love that suit....provided you are willing to re locate.
 
that's just it, I would hate to leave all my friends. on another note my contract has one of those limited liability clauses where they wont be held liable for general negligence, but for gross negligence, recklessness. and deliberate wrongdoing.
 
You cannot contract out of "negligence" the law of the State where you live governs contracts, no one can contract out of the law, unless that State allows "minor negligence as an acceptance form of failure, would like to see that explained. However, does not give you any real relief from your predicament, it's all choices. stand or be run over.
 
A lot of people hate California for numerous reasons, however when it comes to things like this. The contractor is on the hook. Your right a lawyer out here would make a killing on this. Good luck.
 
Were you even there? Are you sure the fuel even came out of your boat and not the polishing unit?

I see no way even if you were that you could be responsible. I agree with all the others if they contracted to do the job and They were not watching. THEY are negligent. If they are this dumb I am not sure I would want to stay at this marina.

A lawyer should love this one :cool:
 
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
 
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.
 
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.
 
johnjen50 said:
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.
Click to expand...

$450/hour with a $10k retainer the lawyers will win for sure! You not so much.
 
If the case is strong, contingency should kick min.
 
Sounds like a very profitable business. Do they have pictures of the spill? Did they notify the Coast Guard?
 
Canuck Dennis said:
If the case is strong, contingency should kick min.
Click to expand...

Seriously??? Go find me a lawyer that will take a contingency case that's not a car wreck or a slip and fall.
 
rsmith said:
Seriously??? Go find me a lawyer that will take a contingency case that's not a car wreck or a slip and fall.
Click to expand...

Any good lawyer would see the benefit to taking a contingency case on a $1000.00 civil litigation. In Canada maybe.
 
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
 
You must log in or register to reply here.

Forum statistics

Threads
38,156
Messages
448,741
Members
12,482
Latest member
UnaVida

Latest Posts

Trending content

Back
Top Bottom