Fellow Fishermen and Boaters opinion/need help

Discussion in 'LOCAL SOUTH CAROLINA TALK' started by scwolf, Mar 15, 2009.

  1. scwolf

    scwolf Member

    Messages:
    416
    State:
    South Carolina
    Hey Guys I need some opinions?

    If you were to rent a boat to take out for fishing, and on the way back in the boat stopped running. After several attempts to restart the boat you were unsuccessful. At this time you call the owner and let them know you are stranded. It is about 7:30pm and you are suposed to be at the dock before dark(Dock is 10 minutes away now). Owner fusses about being dark when you call, but says he is coming to get you. At 8:54pm the owner calls and says he just hit a stump coming out of the marina cove on the way to your aid and broke the lower unit but has called for someone to come help. Help arrives and with two battery backs finally jump the boat and limp it back to the dock, At which time the owner of the rental says that you need to think about a fair price for helping pay for the lower unit on the boat that HE broke, because he had to come get you after dark. Does this seem fair I just need some honest opinions good or bad. Thanks, Robbie (Time lasp between stranded phone call and owner just starting to come to rescue was 1hr 45 minutes)
     
  2. gdlocal10

    gdlocal10 New Member

    Messages:
    434
    State:
    kansas
    I accidentally posted twice
     

  3. gdlocal10

    gdlocal10 New Member

    Messages:
    434
    State:
    kansas
    it seems if he was renting boats , if he had the rental maintained it would have made it back and not had to go after you, I think he should have felt bad for having you stranded. just my opinion
     
  4. SloWater

    SloWater New Member

    Messages:
    18
    State:
    TN
    Robbie, I do not think that is fair and would read the fine print on the rental agreement. I have only rented once before (Lake Murray) so I am not up to date on the legal requirement. That said, I myself do not think that is your problem that he broke his lower unit coming out.

    I hope that you will let us know how it turns out.
    Gordon
     
  5. PHLIPS4BIGKATS

    PHLIPS4BIGKATS New Member

    Messages:
    2,679
    State:
    Alma Kansas
    I can't say what I would of told him.:wink: Two words would some that situation up real quik.:cool2:
     
  6. westvirginiacatfish

    westvirginiacatfish New Member

    Messages:
    511
    State:
    Ronceverte
    I agree it's not your fault the boat broke down. Second your not the one who hit the stump either that was his fault . Also he must not have been to concerned about you and the boat making you wait 1hr & 45min before coming out to help you. :confused2: Something just aint right.
     
  7. crclhuk1

    crclhuk1 Member

    Messages:
    291
    State:
    Central, SC
    I feel the same way!!!! Probablly those same two words!:cool2::cool2::cool2:
     
  8. Big_cat_hunter

    Big_cat_hunter New Member

    Messages:
    32
    State:
    Saluda, SC
    No way I'd give him a penny. If he has a business license and has somewhat of a decent reputation, I'd threaten to report him to the BBB in his area and promise to tell everyone I knew about his idea of what good business practices really were. I really hate it when people try to push people over because they think they can get away with it. He needs to take full responsibility for his actions and lack of knowledgable boating skills as far as the lower unit is concerned, and I feel strongly that he owes you an apology for insulting your patronage to his livelyhood. I would say to him, "You know, if you had performed proper maintenance on the equipment you charge people to use, then I wouldn't have had to call your sorry a** in the first place!" :angry:

    Funny thing is that I'm not the one this happened to, but now I'm as pissed as if it were. Good luck with the matter.
     
  9. JenJen

    JenJen New Member

    Messages:
    59
    State:
    South Carolina
    Wow. You had to have a hard time believing that guy was serious. There really is no explaining some people. You would think that he would have been full of apologies for all of your wasted time and eager to make you feel better about trying one of his boats again.

    I am not a lawyer - like someone said, reading over your paperwork with a magnifying glass is a good idea - but it seems highly unlikely that you could be held responsible for getting the boat back in late, much less the damage he caused his own boat after leaving you to sit for so long before trying to come help. I'd be really surprised if you ever heard anything more about this. Sounds like he was trying to see what he could get out of you.

    Please keep us posted. I would really like to hear how this one turns out.
     
  10. JimmyJonny

    JimmyJonny Well-Known Member

    Messages:
    4,059
    State:
    sc
    He sure wouldn't get a dime from me.

    I find it odd that he hit a stump by his own marina too. You would think he knows the area really well....

    -Jim-
     
  11. mudkip

    mudkip New Member

    Messages:
    645
    State:
    SC
    What did you sign before you went out (rental agreement)? That should outline your level of responsibility.
     
  12. scwolf

    scwolf Member

    Messages:
    416
    State:
    South Carolina
    The agreement I signed was a basic rental agreement, this is actually a boat club and I do have some money invested. I posted as a rental boat because the responsibilities are the same. They have a set area where you can go, which the lowest point is marker #48 on Lake Marion, I think the brickyard is somewhere around 55 or so. I was well within the limits of location I could fish. I also was heading in with just enough time left to reach the dock before dark. I may have pushed the envelope on being at the dock right at dark but would have made it none the less. He said I ran it out of gas and it picked up trash in the carberator. Granted the gas gauge doesn't work on the boat(which I was never informed of) and it is an inboard gas tank so u have to lift the cover in order to check level of gas. We only traveled maybe 5 miles getting there I estimate and basically idled on the way out fishing as we went. When the boat stalled the first time, the battery barely had enough amps to crank the boat, so after about 3 times trying we were stranded that's when I made the call. Just to let everyone know he didn't get any money out of me last night, but I have more money invested than time on the water so far. I guess some times a good deal can end up bad after all, this is ongoing and I will post results here. Thanks for all the replies and my opinion is the same as everyone here, I didn't give him the "TWO WORDS" last night due to money invested.
     
  13. blackwaterkatz

    blackwaterkatz Active Member

    Messages:
    3,659
    State:
    Andrews, SC
    Well, he was probably a little hot, too, so maybe things will settle down and work out for the best.
    Note: the brickyard is south of CM# 62. :wink: The Channel south of Sixteen to Rock's Pond is south of CM# 54, I think. CM# 48 is where the channel makes a sharp turn to the south toward the diversion canal.
    Hope things work out well for you, Robbie. Without knowing the terms of your membership agreement, I would think any damages he incurred to his boat or engine would be at his own expense. How about fuel; who's responsible for making sure there is enough gas, or oil for the engine, etc?
     
  14. scwolf

    scwolf Member

    Messages:
    416
    State:
    South Carolina
    Thanks for the reply Tommy, I knew I wasn't exactly right on my channel markers, but I was thinking CM# 48 was down near the turn towards Harry's.

    As for the gas and oil, the boats are supposed to be ready for a day of fishing when you arrive, all you have to do is bring your own gear and enjoy the day. Now at the end of the trip the only expense is for gas and oil used that day, which is very understandable and I wouldn't expect anything less. He did have extra 5 gallon gas tanks on board if we needed to put extra fuel in it, but I had no idea at the time the gauge was broken. I did check the gas level once the boat shut down and could see gas in the tank, I still put about 3 gallons in just to make sure we had enough fuel for the remaining mile to the marina, but at that time the boat wouldn't run any longer. I do understand he was pretty hot also that's why I didn't cause a confrontation last night, because after over an hour of waiting on him to arrive to help with the temps dropping and the wind coming in some, I was pretty hot myself. Decided to keep the conversation as calm as possible until we both had time to settle down some.
     
  15. blackwaterkatz

    blackwaterkatz Active Member

    Messages:
    3,659
    State:
    Andrews, SC
    That's the smart thing to do. :0a27:
     
  16. BobbyLee

    BobbyLee New Member

    Messages:
    858
    State:
    Zanesville, Ohio
    yeah I totally agree on the 2 words. Maintaining the boat is his responsibility, as well as hitting the stump and breaking the lower unit. Hope everything works out for you...
     
  17. WylieCat

    WylieCat Well-Known Member

    Messages:
    7,175
    State:
    NC
    Let him simmer a while and calm down. Once the heat is off his tune may change.

    In my opinion, you are responsible for the boat you rented and returning it within the guidelines of the rental agreement. If you ran out of gas while on the water and this resulted in a failure of the boat to start, then I could see you charges a fee for towing. I do not see you being held responsible for operator error on the tow boat that strikes a stump, buoy, or other obstruction on the water.

    That rental agreement and its wording holds many of the answers to your questions. As is always the case, there are two sides to every story, and without the other side we are all just guessing at the proper outcome.
     
  18. catfisherman_eky3

    catfisherman_eky3 New Member

    Messages:
    2,296
    State:
    Kentucky
    Seems like if he rented you the boat then he should have a plan case something like this happened, I honestly think that if you rented the boat and if it was a problem before the boat was in water you shouldnt be responsible only thing I could think of he could get ya on is if you signed a contract stating if anything happened you would be held responsible, but good luck hopefully you will have some better days.
     
  19. JAinSC

    JAinSC Active Member

    Messages:
    1,514
    State:
    South Carolina
    I don't think you should have to pay for his lower unit, and I don't think you should pay for your rental either!

    Darkness is no issue. You would have been back in plenty of time if it weren't for the motor problems.

    He doesn't know the way around his own area well enough to avoid damaging his boat on a stump?!

    Print this string of posts out and give it to him, If he tries to give you any sh*&, then and show it to him and tell him that you'll share his name and his way of doing business with the whole BOC and call the local chamber of commerce and better business bureau and attorney general.

    Sorry, but this guy does not sound too sharp or ethical!
     
  20. larry d. grady

    larry d. grady Member

    Messages:
    331
    State:
    north caro
    robbie,if this guy is renting boats, he shoulld have insurance to cover his boats that he rents,and the boat he came after you in.i think i would tell the owner nicely that it's not your fault that the boat broke down,but you should read the rental agreement first,it sounds like there isn't a rentalgreement,good look