Who is at fault for this?

Question

My wife and two sons recently took a trip to the lake, and we rented a boat to go fishing. We were having a good time, and then my wife told me I was going the wrong way. I insisted that I was correct, but she felt the need to forcefully steer the boat in the direction she believed was correct. I tried to turn the boat back, and at that point our oldest son, Tommy, fell out of the boat. We were unaware of this at the time. Our younger son Bobby tried to pull him back on the boat, but Tommy's shirt got tangled in the propeller.

I tried to accelerate the boat and the motor caught fire because Tommy was caught in it. He started yelling over the sound of the motor, and we all tried to pull him free. When we all rushed to the back of the boat, it flipped over and sank. Luckily, we were able to free Tommy and swim to shore.

Now the boat rental company needs to know who is at fault. Was it my wife? Was it me? Was it Bobby? Tommy did get caught in the motor; is it him? Who is to blame?

Answer 1

duh!  it was tommy's fault for tangling the propeller!

What kind of motor was it?  I gotta get me one of those - I never saw a boat motor that could keep running with something caught in the propeller.

Answer 2

is this for real.

Answer 3

Are you joking?

This doesn't seem real.

Here's my real answer: you were the captain, and a captain is responsible for everything that happens on that boat, that includes everybody in the water, skiers, tubers and wakeboarders.

This is the toughest thing to make my clients understand when I am teaching, you are the boss, if something goes wrong it rests on your shoulders.

Edit: I read your other questions in the other forums. This is not the place to be posting hypothetical garbage. Not even if you are trying to run some psychological experiment on the best and the brightest here in Boats and Boating.

Answer 4

This sounds like a wild story.  But the person that was in charge on the vessel is at fault and with out knowing the rental contract contents, it should have a clause that the person signing the contract is responsible for the safe operation and any damages done.

Lets blame everyone else instead of looking at the fact who was in charge of the vessel, not paying attention to what was going on - did not see your son son fall over board or know he was missing or know how to get some one out of the water on a small craft.  

I only hope that someone made this up...

Answer 5

I sure hope this isn't what really happened.  If it did, you shouldn't go near the water.   Really!!!!!!!  You might even consider counseling.  

     The boat rental company should post a sign not to rent you a boat.   They don't need to be told who is at fault, they already know!

Answer 6

Another Brothers Grimm story about a TROLL.

Answer 7

I would not suggest you take any position about fault with the boat rental company. Just be glad you all lived.

Without knowing the details of the law in your area and your contract with the boat rental company, you can't know what the consequences will be if you take a particular position about fault. So don't do it.

You may want to seriously consider seeing a lawyer.

Answer 8

Not that this really hppened, but..........

if something such as this did happen, the liability would fall on whomever signed the rental agreement. The boat rental company (or their attornies) wouldn't care about any of the other details.

Answer 9

You are to blame, because you just made the whole story up.What gave you away was when you said  Tommy's shirt got caught in the prop and you accelerated and the motor caught fire-If Tommy's shirt had got sucked up into the prop, that would have been the end of Tommy when you accelerated- Good tale, though, you actually got some people to believe it!

Answer 10

EDIT: I'd like to recommend that no thumbs up or down be cast on this one as many are questioning the legitimacy of it.

If for real...

As has been said here, and as I said in another posting about a totally different issue..."Not an attorney and if legal counsel is sought you should contact one immediately."

Now, with that said...how can the children even be considered? They were a direct result of the action taken by both your wife and you. Each of your reactions caused an action to be taken and in my layman's opinion each of you shares the blame...but then again I am not an attorney.

Bottom line...if legit the boat rental company is seeking out the individual to file suit against and when you are talking about boat and motor there is a very good chance it will exceed the maximum amount of small claims court. Get an attorney and have him get it settled out of court! You both are at fault and no bickering between the two of you or with the rental company is going to change it.

Lastly, if this is legit, stay away from boats in the future. You immediately should have shut off the engine when you learned of your son being in the water. If legit you and your wife are extremely fortunate that all you have to worry about at this time is whether you're going to be sued or not. Your son could have suffered extreme injuries if not death due to your actions. Fortunately all you may be looking to have to pay out is the cost of a new boat and motor and not hospital bills or funeral expenses.

Answer 11

I think boating is not for you!! You are all to blame!! You have no business renting a boat if you have no idea how to use it. I also blame the rental company for renting a boat to unqualified people, there are many factors at play when you decide to go out on the water in a boat. planing is the best way to avoid this kind of pitfall. You and only you as the captian of the boat are responsible for anything that happens on or to the boat, harsh words, but don't blame others for your actions.

Answer 12

your wife caused the accident but you were the captain at the time of the accident so it your fault even though its not what you should have done is

1 turn the engine off

2 tell your wife to shut the f@#$   up and sit down

your very lucky your kid didnt die over a stupid act like that