Who bears liability for damage to a rental boat?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who bears liability for damage to a rental boat?
I rented a pontoon boat for a day, and after using it and thinking everything was fine. The owner called and said I hit something and there was a hole in it. The presumption that I’m responsible for any and all damage while renting the boat seems logical to me only if I had been presented with an insurance waiver and accepted damage liability. Since I was not presented with (nor signed) anything, I assumed the boat was covered under their renters insurance. What are the presumptions in the law when there’s no contract?
Asked on June 29, 2012 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If someone negligently, or carelessly, damages another's property, he or she is liable for, even if you did not "accept" liability when renting. Where insurance comes into play is that the owner can only recover from you any amounts which are not reimbursed or paid for by insurance--typically, a deductible. Furthermore, if you refuse to pay, the owner would have to sue you to recover money--and in the lawsuit, would have to prove that you (and not some other renter or one of their staff) caused the damage either negligently (carelessly) or intentionally.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.