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 What the Surveyor Missed		  New Topic  Topic Locked
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reuben
Navigator

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USA
202 Posts
Initially Posted - 06/01/2004 :  09:31:12  Show Profile
I knew he wasn't going to run the outboard, because he did the survey in January when it was below zero. We talked about this, and I okayed it. But he apparently didn't try to raise & lower the motor, either, because I learned last week the swivel mount is broken. It won't lock in either the up or down position, and repairs are very likely going to cost me as much as the survey did. Do I have recourse in this situation?
Reuben
C-250 WK #499
Bayfield, WI
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Steve Milby
Past Commodore

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USA
5909 Posts
Response Posted - 06/01/2004 :  10:06:41  Show Profile
I'm sorry you're having that problem. Recently, I asked a knowledgeable yacht broker about the extent of liability of a surveyor. He said the surveyor is not an insurer, and is therefore not liable for every oversight. He implied that they have no liability at all. I doubt that. I suspect they would be liable only for <u>gross</u> negligence ("wilful and wanton misconduct"), as opposed to <u>ordinary</u> negligence (mere oversight) in performing the survey. In your case, however, the surveyor is likely to claim that you excused him from examining the motor, and, since that was probably oral and unrecorded, you would probably have a problem of proof.

Involving an attorney would cost more than the dispute justifies. You could file a small claim in a local court, but, to be honest, it would be an uphill battle. Sometimes it's best to just bite the bullet and go sailing. It'll ease the pain.
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Notice: The advice given on this site is based upon individual or quoted experience, yours may differ.
The Officers, Staff and members of this site only provide information based upon the concept that anyone utilizing this information does so at their own risk and holds harmless all contributors to this site.