Salvage?
http://www.oregonlive.com/search/index.ssf?/base/news/1147305309169450.xml?oregonian?ylccsd&coll=7Hope the judge awards damages to the boat owner. |
Calif
May 16
2006
|
| That's how they make a living unfortunately. The routine towing jobs
for members just cover basic expenses as I understand it. One of the more interesting insights to this game that I've seen was
out east at Cuttyhunk Island about 4 years ago. An almost new 40+
Carver had been put on the rocks at speed by a clueless owner and was
taking on water at a rapid clip. USCG responded and put pumps
onboard, as did SeaTow. As they were being towed into Cuttyhunk
Harbor the SeaTow boat remained firmly attached, even at the dock, and
then spent a good bit of time with USCG ensuring that their
participation was duly noted in the report. You can be sure that a
significant salvage claim was soon to follow even though USCG had done
most of the heavy lifting. |
Wayne.B
May 18
|
| JERKS! |
Tim
May 18
|
| yes, which is the law whenever there is immenent danger to property,
life or the enviroment. It has been maritime law for many 100's of years. |
Reginald
May 18
|
| On 16 May 2006 18:01:00 -0700, Reginald P. Smithers penned the
following well considered thoughts to the readers of rec.boats: >The judge may rule that the salvage claim is not legitimate, but I can
>not imagine a judge awarding damages to the owner. It may be reaching, but I can see how punitive damages could be sought
on the basis of fraud. The fraud perpetrated is calling the act
"salvage" and billing for same. The original boat was clearly the
salvor, but, having removed the vessel from peril, SeaTow was merely
towing the vessel... not salvaging it.... and IMHO they knew it. This, again IMHO, is just another attempt at what amounts to a
frivolous lawsuit. In my mind SeaTow is billing for the max and hoping
for the greatest (and unearned) reward. Like Bill, I hope punitive damages are awarded..... I think they are
justified.
|
Gene
May 18
|
| to property, life or the enviroment" or, thats at least how I see it..... |
Tim
May 18
|
| Soon as he had to hire a lawyer, he was harmed. Even if his insurance
company is involved. Reflects on his rates. As well as the mental anguish
of somebody asking for a couple hundred thousand busks for moving a boat 500
feet. from a City's boat to another pier. |
Calif
May 18
|
| Actually to get punitive damages, they also have to have actual damages. Is
the law. I sat on a jury where that was explaned to us. But he has occured
damages, in hiring a lawyer. |
Calif
May 18
|
| Maybe he is self insured. And the insurance company will probably not
settle this one prior to judgement. To easy of a case to win foir them and
swat down a lot of other cases of the same sort early on. |
Calif
May 18
|
| I wish it was as cut and dry as you think, let us know of the outcome. |
Reginald
May 18
|
| To be awarded punitive damages, you have to first have suffered actual
damages |
Reginald
May 18
|
| Bill,
This is nothing new. Boat/US provided all of their customers a "towing
Contract" so their customers would not get stuck with a "salvage"
claim, when they thought they were agreeing to a tow. When they sent me the form they listed a number of examples of how
towing companies have legally enforced a "salvage claim" for situations
where the owner thought he was contradting for a tow. It is not as cut and dry as it would appear. Here is an article
boat/us wrote on this subject.
http://www.boatus.com/towing/guide/salvage/towsal.asp The tow operator can say, he believes that his work of moving the boat
not only saved the boat but protected the enviroment. He can also say
his work allowed the firefighters to return to their real job of
fighting the fire which protected the enviroment further. Don't get me wrong, I think the tow operator is a shyster, but I will
give 100 to 1 odds he will not be charged with filing a frivalous law
suit or salvage claim. |
Reginald
May 18
|
| Am I not getting this straight? the "tow" company invited themselves to
pull the damaged vessel out of the way, NOW they are wanting "Salvage"
rights to it???? |
tschnautz
May 18
|
| Jim, Here's what we'll do, let's wait and see. I say the boat owner
will NEVER get a settlement for punitive damages. It wasn't a "legal
tirade", it was a definition from law dictionaries. |
basskisser
May 18
|
| Not true. He hired a lawyer on his own accord. |
basskisser
May 18
|
| The judge may rule that the salvage claim is not legitimate, but I can
not imagine a judge awarding damages to the owner. |
Reginald
May 16
|
| Would be nice to award legal costs to the boat owner. A little message to
the bad guys. |
Calif
May 17
|
| Somehow I have to believe the owner must have had insurance on the
boat, if so, all legal fees would be paid for by his insurance company.
My guess is they will finally settle for substantially less than the
10% of value, but substatially more than the $300 average tow. |
Reginald
May 16
|
| What damages? |
basskisser
May 17
|
| Punitive. |
JimH
May 17
|
| Maybe. That's speculative. As of yet, he's not been harmed: Notice the
last sentence below. From
http://www.lectlaw.com/def/d006.htm DAMAGES, PUNITIVE - The purpose of punitive damages is to punish a
defendant and to deter a defendant and others from committing similar
acts in the future. Plaintiff has the burden of proving that punitive damages should be
awarded, and the amount, by a preponderance of the evidence. punitive
damages may be awarded only if defendant's conduct was malicious, or in
reckless disregard of plaintiff's rights |
basskisser
May 17
|
| I think Basskisser was asking what damages has the boat owner suffered?
If the boat owner has insurance, it is the insurance company is taking
this to court.
While the Tow Company may not prove his case, and be able to prove this
was truely a salvage situation, it would probably not be considered a
false claim. time will tell, but I am willing to bet that no damages will be awarded
to the boat owner or insurance company. I would guess the insurance
company will settle prior to a judgement. |
Reginald
May 17
|
| <sigh> |
JimH
May 17
|
| You just don't get it, do you? The owner hasn't suffered ANY damages
yet. Let alone punitive. |
basskisser
May 17
|
| Actually *you* don't. Bill said "Hope the judge awards damages to the boat owner." Notice the key word *hope*. You then said "What damages?", to which I replied "punitive". You then went into a legal tirade. Do you understand the word "punitive"? Do you understand the word "hope"? Go start a fight with someone else as I am done with this thread. |
JimH
May 17
|
