Discussion in 'General Yachting Discussion' started by rocdiver, May 11, 2010.
My head feels like it's going to explode when I read things like this.
Sorry, I did not mean to explode your head. It would make that very pretty boat a mess to clean.
It makes my head want to explode because I then ask the question:
Do we as consumers rely on a sue happy legal system due to a lack of intelligence or common sense?
It's not lack of intelligence or common sense. It's that basically all contracts are bound by the same rules (please excuse a very general statement.) When you go to a drug store and buy prescription drugs you are relying on the pharmacist to give you the right prescription. The average person has no way to test if it is the correct drug or not. If you got the wrong drug and it made you sick, you can sue the pharmacist for negligence. The law doesn't say that for due diligence you should have gotten a second pharmacists opinion. I know it's not a perfect analogy but it gives an idea of the concept.
Common sense is one of the most uncommon things along with common courtesy. As for intelligence; TV commercials are geared to the average person. They're geared to a 3rd grade level intelligence and maturity. And yes we do have a sue happy society. I remembered the day when people did their best to treat people right and people took life's lumps and moved on....or took the guy out behind the barn.
There are boat buyers who don't have a clue what part of a boat is what, they have money. Yachts priced in the millions, most have a professional capt. atleast, so they really don't need to. They hire the SURVEYOR to verify & tell them what they are buying. Insurance co. would not let a "It's good enough for me" survey fly. If it had sunk or broke up they could be on the hook. Is it possble insurance refused to pay for repairs on a new to him boat? There are too many unknowns - seller settles, builder out of business, survey, and much about vessal. In my own attempts to purchase boats; surveyor and I discussed my intensions as normal use. Although my area of operation would be the Chesapeake, conversation would come to how was I going to get there. The Altantic was the answer that sent a clear message, she had to be sound. This doesn't sound much different than a sunken Bertrum 630, except it didn't sink just broke up.
cars and boats are sold with no real guidelines ....can you imagine if there wasn't the F A A ???
Even used cars are coming with warranties and CarFax reports these days. Guess they figure that if you're willing to spend a mil or two on a toy........