Passing on a homebuilt: Liability? Ethics?

[Lazy Jack]

Suppose I am limited to one boat and I want to build something else. What are the issues regarding passing along my current boat to someone else who may well load up the dog and the kids to spend afternoons out sailing?

I am no navel architect or (licensed, certified,accredited, etc.) builder. But I have successfully designed and built several boats for my own use.

Most of these boats are strongly based on existing designs and conventional construction techniques ie. dories, canoes, kayaks etc. In some cases existing designs were used but modified in minor ways for reasons of aesthetics or function. For example, my gunning dory was built on the lines of those published in Gardners book but I have a different rudder system and different rig. The hull is A/C ply but is sheathed in Xynole and epoxy. I use a long daggerboard instead of the centerboard specified. The whole system has been well used and tested and has served me handsomely, yet I know that someone could hurt themselves and their family if they took the boat out in conditions beyond the capabilities of the boat or themselves. The design is not Chamberlain's, it is not Gardner's it is mine. And it was built by me.

Can one safely sell a hombuilt boat who's design has been slighly modified from the original published plans? Can one even GIVE a boat away without assuming liablity if the boat hurts someone through poor judgement or misuse?

Would anything be different if I were a 'Fifth Don' NA/marine engineer PhD blackbelt and a world renowned builder for that matter?

In short, can I pass this boat on when I'm done with it or do I need to cut it up and take it to the dump?

[ 06-07-2003, 01:09 PM: Message edited by: Lazy Jack ]

[NormMessinger]

That's a question amature builders of airplanes wrestle over constantly. Each of is is the manufacturer and thus at risk for suit should someone do something really really stupid in an airplane they bought from us. Some builders give theirs to a museum and take a tax write off. Some part them out and some use a bill of sale that they hope will keep them out of trouble.

I don't know why a boat would be any different in this case than an airplane but I look forward to reading other opinions.

[MarkC]

Have the craft full survey before you sell it. You can then say 'This professional believes it can withstand this.. and that...but not ..'

but perhaps encourage their own survey as well - these actions would look good in court if something went wrong. (In an Australian court perhaps - but the American courts ?????)

Or - next time take the original design to a local yacht designer and ask them to do what you want, or take your own design to them and have it checked out.

Just my 2cents.

[Scott Rosen]

When you sell it, make sure the paperwork says its accepted by the buyer "as is, where is, with all faults." Have the buyer sign a paper acknowledging that you have disclosed that you are not a builder, designer, or surveyor, that the boat is sold with no warranties of any kind whatsoever; and that the buyer has either hired his own surveyor or has inspected it to his satisfaction. The paper should also say that the buyer agrees to hold you harmless for all damage that he may suffer as a result of using the boat.

That will be $500. please.

[George Roberts]

Lazy Jack ---

It looks like you are talking about selling boats under $2000.

Is the revenue from the sale worth the liability of the sale or worth the hassle of being sued (win or lose)?

[Lazy Jack]

Scott, Does such a signed document really hold up in court when push comes to shove? I was under the impression that if I was proven an idoit by the prosecution than any waiver holding me harmless became void. For example, most traditional dories, historically, had no built in floatation and neither does mine (yet) other than being constructed of wood. Does sold 'as is' hold up against the argument that I may be negligent for not building in adequate floatation if the happy family sails over the edge of a dam? ( This is not a specific question but represents the general idea)

George,
No. But there is a threshold that is different for everyone. If I were to build a 10,000 dollar New Haven Sharpie (another boat you could get in trouble with)the same principle applies.

[Scott Rosen]

Liability laws vary from state to state. Some states have product liability laws that impose something like "strict liability" upon someone who puts a dangerous product into the stream of commerce. So, the short answer is that the waiver should be effective unless your state's product liability laws would invalidate it.

You would have to check in your state to see if a one-off home-built boat would be covered by the product liability law.

Having said all that, I would advise you that to the extent the boat does not conform to state and federal laws for home builders (yes, the CG has such laws), you may be deemed to have been negligent in its construction.

[Lazy Jack]

Thanks Scott.
Any idea what I might plug into a google search to find out about state and federal laws governing backyard built boats? I'll hack about to see what I discover. Incidentally, after the awesome sail I had today in my gunning dory, 'passing it along'wouldn't be happening anytime soon! But I do have incurable tendancies towards boat construction and I've been thinking about how much fun a New Haven style sharpie would be...

[Donn]

Here's a good legal search site: FindLaw (http://www.findlaw.com/)

[Dutch Rub]

Incorporate and sell it as an asset of the corporation and if something untoward happens theyll have to sue the company.

[Andrew Craig-Bennett]

In Britain there is distinction between a corporation selling to a consumer and a private individual selling to another private individual -both as regards the contract terms they may impose and as regards the duty of care expected.

I would not be too shy of selling a boat that I had built - well, I did sell one. Just try not to sell it to the sort of person who is going to be an idiot!