It's a basic tenant of business that you give the vendor of a defective
product or service a chance to make it right before you take any legal
action. 

 

Just make sure you have your ducks in a row first. I'm sure you took photos
of it loaded on the truck, if you show them how it the keel should have been
blocked before you can document it wasn't done right you're done.

 

If you have no photos or witnesses on your side then without the help of
your insurance company you will need a lawyer to depose employees of the
yard who loaded it and the driver correctly. They need to tell what they did
under oath before they get wind of the correct procedure. Otherwise you'll
hear them quote the exact angle of the proper blocking.

 

Phil Agur                              s/v Wing Tip

Secretary/Treasurer     Call Sign WCW3485

IC27/270A                          MMSI 366901790 

 <http://www.catalina27.org/> www.catalina27.org    Vessel Doc# 1039809

 

-----Original Message-----
From: [email protected]
[mailto:[EMAIL PROTECTED] On Behalf Of Joe McCary
Sent: Thursday, August 02, 2007 4:48 PM
To: [email protected]
Subject: RE: catalina27-talk: Perplexing keel problem after long distance
hauling

 

I have just three words for you: GET A LAWYER!  Where are you located?  Find
a lawyer who is a sailor and one you would not want on the other side and
hire him.

 

Joe McCary

Aeolus II #4795

West River, MD

[EMAIL PROTECTED]

 

 

On Behalf Of [EMAIL PROTECTED]

 

I want to thank all of you for your thoughts regarding my keel problem. The
damage to my boat was certainly caused by the hauler, although he claims
that once a boat is lashed down on the flatbed, it cannot move, not even the
slightest, so therefore he is not responsible for anything that happened. It
doesn't seem like he has a good sense of physics. He blames any problems
either on those who put the boat on the trailer or on those who removed it.
He wants to claim that he has no responsibility or control over loading or
unloading, but this makes no sense whatsoever. Is there anyone out there
with a sense of how this works?

 

I was able to take some of the pressure off the aft end of the keel today by
lifting it some on the stands. The keel is only blocked on the extreme
forward end now. As a result the crack is a bit wider. 

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