Need attorney Cape Coral Area

[Benthic2]

I'm glad this got resolved, but since the boat was under the command of a licensed captain, wouldn't he be responsible for any prop damage ?? He must have some sort of liability insurance. I would think any compensation for prop damage would be a claim on his insurance.....not the charter customer.

If a cabbie hits a curb and blows a tire, is the cab company going to ask the passenger to pay for the tire ???

 

[mvweebles]

I'm glad this got resolved, but since the boat was under the command of a licensed captain, wouldn't he be responsible for any prop damage ?? He must have some sort of liability insurance. I would think any compensation for prop damage would be a claim on his insurance.....not the charter customer.

If a cabbie hits a curb and blows a tire, is the cab company going to ask the passenger to pay for the tire ???

As a past full time delivery captain, I know of none that carry separate insurance. The few who have a contractual relationship such as I did require the vessel to be insured for all loss and damage. Effectively creating an indemnity. When I used my Willard 36 as a training platform for close quarter maneuver and trawler training, I carried insurance which was prohibitively expensive even 20 years ago - in the range of $300/day where students were aboard. I cannot imagine the costs a captain would have to incur for liability coverage. Potentially outstripping his or her current fees which seem to be in the $300-$500 per day for professional captains.

I made many long distance deliveries. The owners insurance company usually wanted a copy of my bona fides and credentials. After that, it's up to the owner to provide coverage.

A good friend has a 5-year old Horizon Power Cat. He tapped bottom off Long Boat Key near Sarasota. By the time the boat was hauled, prop replaced and balanced, and the strut aligned, $18k of wealth had transferred despite a small skeg ahead of each prop.

For the life of me, I do not know why full keel hulls are not more popular than they are. Yea, they're slow. But only if you don't include time spent in a yard to repair running gear.

Glad the OP is on the road to recovery. Good lesson here about really considering the damage provisions of a charter.

 

[artfulltune]

Larry, I have used an attorney 4 years ago, successfully, whose practice is in Punta Gorda. The name is Guy Emerich. Good luck!

 

[Shrew]

Call them out by name, as they just stole your money.

Please don't. We'd prefer TF to NOT become Yelp. Also, it is not advisable to begin posting publicly while simultaneously engaging in a law suit.

A la......."Our attorneys have advised us not to comment on on-going litigation".

Plus, I would be concerned about potentially opening oneself up to a libel counter-suit.

 

[Captain Max]

Please don't. We'd prefer TF to NOT become Yelp. Also, it is not advisable to begin posting publicly while simultaneously engaging in a law suit.

A la......."Our attorneys have advised us not to comment on on-going litigation".

Plus, I would be concerned about potentially opening oneself up to a libel counter-suit.

Apparently the company resolved the issue, so no need for a lawsuit. If they hadn’t -then they should had been called out. You might be concerned of being sued, but not I. Truth is the best defense against slander and libel, and a thief would not be able to find an attorney to file such a silly suit, nor
could they afford it if they did. Florida has laws against frivolous lawsuits. Then there’s our HOMESTEADING laws which makes one almost untouchable, which is why so many white collar criminals make it their home. OJ just said “don’t forget about me!”. Then there’s the reality of Serge who’s Florida centric. Florida isn’t RI.

 

[Captain Max]

Who or what is Serge you ask? Anybody watching The Tiger King on Netflix knows. Just remember although the Tiger King was based in Oklahoma, (although he looks just like many rural Floridians ) his nemesis who won was “The Tiger Queen” who lives where? In Florida. You know, the woman who’s husband “disappeared “ but was accused of feeding him to her big cats. No body, no crime. That’s “Serge”, that and hundreds of other similar true stories that are Florida centric. Just Google “Serge, Florida centric” and see for yourself. I love Florida, we don’t call the police. Lol

 

[Moon]

Call maritime attorney Michael Karcher at (954) 356-6999 or Mark Ercolin at (954) 792-5425. Both are Board Certified in Admiralty and Maritime Law just like I am. They are both competent and good friends of mine. They are in the Ft. Lauderdale area but frequently handle matters in the Ft. Myers area. There are no Board Certified Admiralty and Maritime attorneys in the Ft. Myers are to my knowledge. You could also contact Jake Munch in Tampa. His number is (813) 254-1557. Jake is a little further away. We were partners years ago. He is one of the best in the field. I think each one of these attorneys will give you a free brief consultation to assess the matter. Have your charter agreement handy and any other documents that are related to the charter. Have questions ready in advance. Begin your conversation by making sure they do not represent the charter company!

 

[Bryant]

Attorney

Please help!
In November we charted a 44 trawler to see how we would like one. It was only a two day charter and we had a Coast Guard Captain of their choice on board at all times underway. All was uneventful. At the end we spent some time washing the boat down from stem to stern. Their captain checked us out and we departed after checking in with the office staff. As a condition of the charter we were required to send a check for 8K as a security deposit that was supposed to be returned in no more than 30 days. Well the 30 days came and went and no check.
Called them yesterday and office said mentioned they had a diver go down to find prop damage?? Called to day manager away on the dock.
I need to hand this to an attorney. Have several friends here but they are NJ bar not Fla.
This is driving us crazy. Any recommendations?
Thank you

Did they cash the check or just hold it? If it hasn't cleared, contact your bank and stop payment immediately. Then contact this company and beg them to sue you, adding that you will counter sue. Contact the Bureau of Professional Regulation in Fl. They oversee this kind of business. File a formal complaint.
Did you get a document when you returned the vessel saying it was in acceptable shape? What did your original contract stipulate?
None of which answers your original question, but any contract lawyer or admiralty lawyer in the area in the area could probably solve this for you quickly.
They are definitely trying to strong arm you.

 

[billdomb]

Please help!

Called them yesterday and office said mentioned they had a diver go down to find prop damage?? Called to day manager away on the dock.
I need to hand this to an attorney. Have several friends here but they are NJ bar not Fla.
This is driving us crazy. Any recommendations?
Thank you

Sucks. What about going after them in small claims court, depending on the jurisdiction?

Good luck!

 

[foreverunderway]

Please help!
In November we charted a 44 trawler to see how we would like one. It was only a two day charter and we had a Coast Guard Captain of their choice on board at all times underway. All was uneventful. At the end we spent some time washing the boat down from stem to stern. Their captain checked us out and we departed after checking in with the office staff. As a condition of the charter we were required to send a check for 8K as a security deposit that was supposed to be returned in no more than 30 days. Well the 30 days came and went and no check.
Called them yesterday and office said mentioned they had a diver go down to find prop damage?? Called to day manager away on the dock.
I need to hand this to an attorney. Have several friends here but they are NJ bar not Fla.
This is driving us crazy. Any recommendations?
Thank you

Your rights are to demand the boat be hauled immediately for a survey (at your expense), but unfortunately that probably won't happen now, with C-19 et al.

However, considering how long this pandemic will last, and its effect on the charter industry as a whole, this charter company probably realizes that they are finished anyway, so hiring a lawyer may be throwing good money after bad.

I feel for you. Good luck.

 

[Lou_tribal]

As from post #19 this has been resolved...

L

 

[alormaria]

Quiet. He's on a roll.

 

[Birdman]

Just put a STOP PAYMENT on the check.

 

[dennismenace111]

Assume the 44’ charter has two props. Even if you did damage the props beyond repair, $4,000 each is about twice what those props are worth.

Not only that but the company has had beneficial use of the props since they were new! You can't be expected to pay the full replacement cost since they were used for months or years by others!

They're scamming you! Call the local bar association for a list of names of attorneys who specialize in maritime issues!

 

[BandB]

People, please read. This was resolved long ago.

 

[Rich wilmer]

AHOY PROPELLERS would sell you 8 props for that kind of money

 

[Steve DAntonio]

I doubt the Fl attorney general will be much help but as they refuse to communicate with me court is my only option along with asking the GC to remove the capts license who did apparently not keep the ship and passengers safe. While we were aboard the boat showed no vibration at any rpm range. Also have to wonder what took so long and why I still heard nothing till I called yesterday.

So you are saying they never returned the funds, and never alerted you to this fact? Only after you prompted them did they tell you about the prop? If so that reeks of un-professionalism at best, and fraud at worst, and that along with them not inspecting the vessel before you departed the premises, I think a judge would quickly find in your favor.

The rental car analogy is a good one, they have a chance to check the car when you return it, if they miss that opportunity that's on them. Having said that, I rent cars a couple of times a month. When doing this overseas about 1/4 of the time I get a letter a month or two after the rental telling me about some damage, and how they are planning to charge my credit card some amount (I always take photos of the car when dropping off after foreign rentals). I respond explaining this and letting them know I intend to dispute it with my credit card company, and it always goes away. I think they look for those who are frightened into compliance, and that may be the case here as well.

I don't believe you need a local attorney initially to send a nastygram, have your attorney friend send a letter stating these facts, and demanding full immediate reimbursement or you will file a claim in the local court. If that doesn't work you can seek local counsel.

Have you read your complete contract, does it give them the right to delay an inspection?

I'm sorry to see this happen, it no doubt leaves a bad taste in your mouth for the industry.

 

[MOJO]

Serge A. Storms. Character in Tim Dorsey's books about Florida. Have read 'em all, hilarious. For synopsis of Serge, see Wikipedia https://en.wikipedia.org/wiki/Serge_A._Storms For an even better explanation read one of Dorsey's books! You'll end up reading 'em all. Most libraries have them.

 

[RT Firefly]

 

[OldDan1943]

People, please read. This was resolved long ago.

I knew that. Did I win a prize?

 

[twistedtree]

Who or what is Serge you ask? Anybody watching The Tiger King on Netflix knows. Just remember although the Tiger King was based in Oklahoma, (although he looks just like many rural Floridians ) his nemesis who won was “The Tiger Queen” who lives where? In Florida. You know, the woman who’s husband “disappeared “ but was accused of feeding him to her big cats. No body, no crime. That’s “Serge”, that and hundreds of other similar true stories that are Florida centric. Just Google “Serge, Florida centric” and see for yourself. I love Florida, we don’t call the police. Lol

Thanks for the explanation. I obviously haven't watched the Tiger King, so didn't get the reference.

 

[RT Firefly]

Greetings,
Mr. OD. I don't know about the prize but I think I missed the poll.

 

[Capt Dan]

You gave them a check for $8000?

 

[menzies]

Jeez Louise. The man posted this back on April 1. It was resolved. He hasn't posted since!

Then all the posts afterwards giving advice on what to do.

IT WAS RESOLVED A WEEK AND A HALF AGO!

Didn't anyone actually read his post?

Update. The charter lady just called me back and all appears well. The captain ( and I assume the charter company) are absorbing the cost. So all is well that ends well.
They tell me they have a diver inspect every boat before and after a charter. This new to me in 20 plus years of bareboat charters. Makes me a little gun shy going forward. How can a charterer know the diver didn't miss something and how do you know you didn't "hit a coconut ". In this case I do know we had no vibrations or loud noises.
Anyway, all's well that ends well and I want to thank everyone here for their thoughtful input and support.

 

[Parro]

At some point it’s going to come up and you need to be prepared to answer it.
Are you sure the props weren’t damaged during your charter?

Pretty sure they weren’t but are you ready for the question.

The follow up is they have to prove damage and then on the balance of probability prove it was you.

There seems to be a disconnect here between them requiring their captain and then being able to blame you for their incompetence.

I hope it turns out ok.

Please help!
In November we charted a 44 trawler to see how we would like one. It was only a two day charter and we had a Coast Guard Captain of their choice on board at all times underway. All was uneventful. At the end we spent some time washing the boat down from stem to stern. Their captain checked us out and we departed after checking in with the office staff. As a condition of the charter we were required to send a check for 8K as a security deposit that was supposed to be returned in no more than 30 days. Well the 30 days came and went and no check.
Called them yesterday and office said mentioned they had a diver go down to find prop damage?? Called to day manager away on the dock.
I need to hand this to an attorney. Have several friends here but they are NJ bar not Fla.
This is driving us crazy. Any recommendations?
Thank you

 

[Captain Max]

I’m not saying all trawler owners are slow, but dayum.

 

[BruceK]

Great News Parro! It did. Couple of weeks back.

 

[slowgoesit]

Jeez Louise. The man posted this back on April 1. It was resolved. He hasn't posted since!

Then all the posts afterwards giving advice on what to do.

IT WAS RESOLVED A WEEK AND A HALF AGO!

Didn't anyone actually read his post?

Nope, some people just gotta TALK!

 

[RT Firefly]

Greetings,

 

[Alaskan Sea-Duction]

Let talk ANCHORS!!!!!