sharing a boat and limiting liability

Patkinyon

Recruit
Joined
Jul 21, 2008
Messages
3
Does anyone have any advice on ways to limit liability while partnering on a boat? I am going to sell a buddy of mine a half interest in my boat but want to make sure that neither of us is taken to the cleaners if the other has something happen and someone gets hurt. Should we each have our own insurance or put the boat into a LLC or something like that. Thanks
 

relocyo

Chief Petty Officer
Joined
Apr 14, 2010
Messages
446
Re: sharing a boat and limiting liability

well i think it has to do with what your local state laws are... as far as i know the person actually operating the vessel has full responsibiliity for his/her actions... a dock or other non injury collision could be an issue between you two. and some sort of agreement in writing would be ideal i would think when it comes to non injury related boat repairs... only my opinion though like i said check local regs. good luck!!!
 

diesel5599

Petty Officer 2nd Class
Joined
Sep 4, 2006
Messages
169
Re: sharing a boat and limiting liability

Might not be a bad idea for both of you to get insurance coverage on the same boat. Kind of like a car, if you let someone else drive your car and they only have a license, no insurance, its your insurance that pays for any damage.

Also double check your local and state laws. FL has a law called the Dangerous Instrumentation law, it allows the owner of a vehicle to get sued even if he/she was not operating the vehicle at the time of the accident if the owner knowingly loaned the vehicle to the operator of the vehicle at the time of the accident.

FL made the law so that in case the operator of the vehicle caused property/personal damage far in excess of what the operator could afford to pay, the claimants could then recover their losses from the owner(s) as well since our state lawmakers in their infinite wisdom decided that you as the owner knowingly approved the use of a 'dangerous instrument' so its partly your fault the accident occurred.

Some other states have similar laws.
 

Bondo

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Apr 17, 2002
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71,103
Re: sharing a boat and limiting liability

I am going to sell a buddy of mine a half interest in my boat but want to make sure that neither of us is taken to the cleaners if the other has something happen and someone gets hurt.

Ayuh,... Sounds like a good way to make a Best Bud, your Worst Enemy...
It usually begins with Who does Maintanance,+ goes to 'ell when something Breaks...
 

kenmyfam

Supreme Mariner
Joined
Aug 10, 2006
Messages
14,392
Re: sharing a boat and limiting liability

I'm with Bond-O in thought on this.
Many a great friendship has been ended by "sharing" an item. Right down to not replacing the gas that was left in it last time by the other person, not putting the cover on correctly, both parties want to use it for their family on a particular weekend.
And the list goes on.:eek:

Insurance. I would suggest 2 policyholders and 1 policy.
Just my 2 cents though.
 

tashasdaddy

Honorary Moderator Emeritus
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Nov 11, 2005
Messages
51,019
Re: sharing a boat and limiting liability

horrible idea, tell him to buy his own boat.
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
16,337
Re: sharing a boat and limiting liability

Got to agree. Dual ownerships never work out for the good.
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: sharing a boat and limiting liability

get good insurance. It is sometimes challenging with multiple owners but two should be OK.
I have a boat that is functionally owned by 7 owners; we put it in a C corp. The insurance is in the name of the corporation for the benefit of the 7 owners. It was challenging to get it placed.
If one of you is driving and wrecks, the other is not liable, unless the other somehow contributed to the accident. Be aware that a failure to keep safety equipment operating could be a contribution to the accident. Not "is" but "could be." BTDT

I think owning a boat together can be a good system, since in reality, boats don't get used nearly as much as the owners think they will use them. Therefore sharing the inevitable expenses works out well.
 

bomar76

Lieutenant Commander
Joined
Jun 27, 2002
Messages
1,963
Re: sharing a boat and limiting liability

Save all the intervening drama and just sue the Hell out of each other right now and get it over with.
 

skargo

Banned
Joined
Sep 14, 2008
Messages
4,640
Re: sharing a boat and limiting liability

Save all the intervening drama and just sue the Hell out of each other right now and get it over with.

LOL, I agree with bomar and the others. No way in hell I would even do that with my own brother.

You did ask how to "make sure" and the only way to 100% make sure is to not even entertain this idea.
 

relocyo

Chief Petty Officer
Joined
Apr 14, 2010
Messages
446
Re: sharing a boat and limiting liability

well i do agree partly with some of the other posts... it is a good way to lose a good friend over a couple bucks. but ultimately if this is something you are going to do then draw up a document and have each culpable party sign it and get it notarized there are plenty of website out there that could help you in the drawing of the document. just make it clear in it that the person operating the vessel is ultimately responsible while he/she is on the boat. period. if you guys can work out the cost ($) side of things and like i said get it notarized i dont see why this couldnt be doable in the end... but be prepared to lose a good friend in the process... good luck!!
 

JB

Honorary Moderator Emeritus
Joined
Mar 25, 2001
Messages
45,907
Re: sharing a boat and limiting liability

I think you would have better results if you tried sharing a woman.

People have been killed over "shared" boats, cars. . . and women.
 

Utahboatnut

Senior Chief Petty Officer
Joined
Jan 15, 2009
Messages
785
Re: sharing a boat and limiting liability

I lost a long time friend that way, I got into his houseboat as a time share deal and a few years later it was all over. I barely can stand to be around the guy now. Too much finger pointing, blame game, drama etc. Ultimately ended up being my fault the port engine injested water and hydrolocked it out on the lake. After further investigation on my part there was a recall for those year skipperliner house boats to have different risers/flappers installed as the stern sat low on the I/O models and they ALL would take in water. Still was my fault though and I ended up replacing an engine with the updates for all of the rest of the owners to use trouble free for the next? of years.
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: sharing a boat and limiting liability

Never get a legal document off a website, unless you are a lawyer. You may as well do your own knee surgery.

I own a boat with my sister (it was our dad's) as well as another boat with 6 other families. ALso own a beach truck with 9 others (all members of a hunt/fish club). It works out, but I agree there is great potential for problems. And our stuff is right beat up from hard use. Here are a couple of things to consider, and agree on:

If someone damages the boat, he fixes it. But you have to let "wear and tear" go--the stuff that can happen to anyone. So don't share the boat if you are one of the anal types around who have to keep it looking new. Me, I've been around hard use on old boats for too long to be that way--and I think I have a lot more fun.

If there is a "happen to anybody" problem, you share the expense no questions asked. I had an oil system fail; we split the rebuild cost. Got water in the motor, we split the repower. If a stranger smacks the boat at a dock or beach and you can't get him to pay, you share it.

Decide who gets to use it. I like for the children to learn how to operate a boat. That will necessarily entail some mistakes. Will you let older children take it out by themselves? Friends? Other relatives? Children over a certain age (at our club there are 50 year old children and 80 year old members, so a "no children" rule is absurd)? There's no right or wrong, you just have to decide up front.

Avoid problems by getting a boat that handles hard use and cleans up easily--best is one that is already 'broken in."

Decide in advance how you will maintain it. Does it have to be washed and waxed after every use? (don't). Hosed off on a weekend with an annual cleaning? (do). If a little feature gets broken can you live with it? If not, you both have to be on the same page for whether you fix stuff back to brand new, or not. Do you buy top of the line extras (stereo, fish finder) bottom priced, or none at all?

Do you do your own work or pay someone? Do you both have the time? For me and my sister, I do all the work but I use it a whole lot more, so for us it balances. For someone else it would create big resentment.

Decide in advance how you will buy each other out, if one owner wants to sell and the other doesn't (which can happen if one person can't use it any more--moves out of the area, for example). The easiest is to say "blue book" without any subjective adjustments, or 80% of bluebook. It is not an investment it is a money pit.

So I wouldn't advise someone not to share a boat; I know lots of joint owners. But you have to go into it onthe same page, and be forgiving and tolerant afterwards. if that is not your personality, you probably don't have many friends who would want to share a boat with you anyway.
 

fishmaster2

Cadet
Joined
Apr 20, 2010
Messages
25
Re: sharing a boat and limiting liability

what ---------- don't you like your buddy anymore

sounds like a sure way to lose a friend:confused:
 

skargo

Banned
Joined
Sep 14, 2008
Messages
4,640
Re: sharing a boat and limiting liability

Patkinyon,
What's the intended use of said boat? We need some more info here.
 

MRCLEAN92626

Cadet
Joined
Jan 19, 2010
Messages
15
Re: sharing a boat and limiting liability

Wow. I've heard a lot of people, here and elsewhere say that dual ownership with a friend can be a friendship ending situation. I have had great luck with a 50/50 partnership with my best friend. We own two vessels together, and I also keep possession of the keys to three other vehicles he owns. He lives out of state, but all of the vehicles are kept in CA.

As far as the partnerships go, both vessels were purchased by myself, but are registered solely in his name. The reason for this is for insurance purposes. He owns so many toys, that full coverage under his name costs next to nothing, while if under my name it would be unreasonable. All equipment costs, and purchase prices, registration, insurance, storage fees etc are split down the middle. However, as I mentioned, he lives out of state, so naturally I tend to use the vessels more often than him. For this reason, I tend to do more of the routine maintenance and regular servicing. If say, I damaged a prop, or something of that matter, I repair it without question. But major servicing and upkeep is split 50/50. And if the maintenance requires his expertise, he flies out to make sure it is done properly.

We have been doing things this way for over two years now and it has worked out quite well. However I know my situation with having a co-owner olive out of state is unique. When he does come into town, we both put these vessels to great use.

My point is every situation is different. Putting an agreement in contract is a wise idea, we have done the same but never had to rely on it. Hope this helps. Good luck!!
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: sharing a boat and limiting liability

Watch out for your own insurance coverage. There is a nebulous term in insurance policies that would require you to disclose, on yours, boats "furnished for your regular use." No one can say for sure if a shared arrangement is, or isn't, "furnished for regular use." (for example, a 'company car' you use all the time is "furnished for regular use.")

Better yet, be sure you are on his policies as an authorized user; if it costs a few bucks more, pay it.
 
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