Dry storage damage - again

[jlemberg]

Hi gents.  I believe I told you about the dry storage place(Taylor Creek Marina, Fort Pierce, FL) ripping my bimini top off when it was down, laying across the windshield.  It was agreed that I had to suck it up on that one, as the usual disclaimer says things like that = SOL for you.  Well, now they have dented down my front grab railing.  It's dented down about 45 degrees.  Any more, and it would have popped it out of the glass.  I cant for the life of me remember what the hell I signed, and before I get ridiculously angry....what is the forums sagely advice?

1999 AS 215 Explorer.

Muchas Gracias as always.

[wingtime]

That sucks. I would assume you signed something saying they are not liable for any damage or something to that effect. But now that they have done it twice I'd say you have a good case against them. There is nothing you can sign that will protect them from downright negligence.  I'd have a sit down with the manager. Maybe Aaron will chime in.

[jlemberg]

That sucks. I would assume you signed something saying they are not liable for any damage or something to that effect. But now that they have done it twice I'd say you have a good case against them. There is nothing you can sign that will protect them from downright negligence.  I'd have a sit down with the manager. Maybe Aaron will chime in.

Thank you for the consolement.  I have poured my sweat, blood, and tears into that old boat, only to have the only issues to be the way its handled at the marina.  The old Johnny rude still starts, and when warm, runs like a champ.  I've redone the upholstery...it has a sick stereo, with an AMP and sub in the cabin.  I ran a dedicated 8 gauge lead from the house battery to the cabin, after adding dual batteries.  Just got done reapolstering the combing boards in blue marine vinyl.  Should i be mad?

[jlemberg]

Aaron....thank you..thats the keyword I needed to find my old post about my bimini top.  Yeah...Aaron, what do you think?  Also, what marina do you work for again?

[Circle Hooked]

Sounds like they hit it with the rack when moving it, as far as i'm concerned this is all on them.

[gran398]

Agree with Scott.

When you have the meeting with the manager, use the words "negligent" and "negligence" a lot. They should get the idea...particularly if you mention other customers,  to see if they've had similar experiences.

Tell them they can repair it at their cost, but you want it like was.

[flounderpounder225]

I grew up in Ft. Pierce, watched T-Creek marina being built, when I was younger it was a good Marina, these days they just let any crack-head run the forklifts, as has been said, disclaimers are for unexpected and damage that may occur beyond their control after exercising "due diligence" negligence is NEVER acceptable, regardless of signed disclaimers.

[jlemberg]

How is this usually fixed?  It's not like it can be pounded out.  Are these railings replaceable?

[wingtime]

They hire a marine metal fabricator to come out and replace the damaged sections of the bow rail.  If he is good you'll never be able to tell it was repaired.  

And I agree the damage is clearly from them hitting the rack with the forklift.   A bimini that was damaged from being "left up" is one thing but smashing your bow rails into the rack is clearly negligence.

[jlemberg]

Sounds like it fixable then.  Yeah the bimini wasnt up, it was laid down against the windshield.  Maybe 5 inch difference between the top of the windshield and how much the top stuck out.  Needless to say, I lay it back down in the boat now.