Expanded tort liabilities, and claims for physical damages to property caused by defective products, are now more likely. For instance, if a boat catches fire due to manufacturer error and burns a marina, the marina owner can file a negligence claim against the manufacturer, but the boat owner cannot. A boat owner can only be compensated if a warranty covers the defect in the intended function of the vessel, or if the buyer s contract with the builder is broken. As such, any damage to the additions that result from a defect in the original boat could be considered negligence on the part of the boat builder. The builder could therefore be sued for the damages.
Extra equipment can include nets, spare parts and even a fishing boat s extra skiff.
A buyer is usually covered for boat failures under a warranty. The warranty will cover the cost of whatever loss to the vessel has occurred. If the buyer does not obtain a warranty, he will receive a lower price for compensation on the value of the vessel. With this in mind and with the new tort liability, manufacturers might better protect themselves by reviewing the content of their written warranties, and expanding their liability coverage. The U. S. Coast Guard continues to examine the need for mandatory boating safety courses for recreational boaters.