Reconsidering WOT Prop Weighting Ballast or No Ballast:
- RobertB
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
I love a good debate the same as the next guy.
But, are there any examples that support the argument that increasing the engine power on a Mac has resulted in an insurance issue or lawsuit? With so many built, there must be an example somewhere if this is really something to be concerned with.
But, are there any examples that support the argument that increasing the engine power on a Mac has resulted in an insurance issue or lawsuit? With so many built, there must be an example somewhere if this is really something to be concerned with.
- yukonbob
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
Doesn’t have to be a Mac specifically, just a similar set of circumstances; or precedent can be set when the lawyers tear someone a new one.RobertB wrote:I love a good debate the same as the next guy.
But, are there any examples that support the argument that increasing the engine power on a Mac has resulted in an insurance issue or lawsuit? With so many built, there must be an example somewhere if this is really something to be concerned with.
- mastreb
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
Civil law precedent, especially where it concerns manufacturer's liability, varies greatly even amongst English Common-law countries.
In the U.S., there's rarely any law against doing any particular non-criminal action. The manufacturer covers his ass by saying "60hp", the outboard manufacturer covers his ass by saying "Hull manufacturer's recommended HP rating", and then you can do whatever you want.
The only way its going to come to grief is if you put your boat through another boat and kill or maim somebody, and they sue you. It's not going to go back to the hull or engine manufacture in the U.S. because you knowingly took on the liability. In that civil suit, it's your personal actions that caused the liability that will be at issue, unless you specifically claim that you lost control of the vehicle because of its increased HP and are therefore not liable, except that you are because you mounted the engine.
Whether or not you can insure it (or even need insurance) is between you and your insurer. Some will, some won't. There's no law that boat operators carry even liability in most states in the U.S., but most marinas and finance companies will require it, but if you own your boat outright and trailer it, you don't have to insure it at all.
Ultimately, there's no specific law because the number of cases where it matters are vanishingly small and there's simply no point in regulating it. Here in the U.S., there's nothing illegal about it, and you're on your own as to the liability. If you kill someone with your big motor, it's on you one way or the other.
And that's the way it should be.
In the U.S., there's rarely any law against doing any particular non-criminal action. The manufacturer covers his ass by saying "60hp", the outboard manufacturer covers his ass by saying "Hull manufacturer's recommended HP rating", and then you can do whatever you want.
The only way its going to come to grief is if you put your boat through another boat and kill or maim somebody, and they sue you. It's not going to go back to the hull or engine manufacture in the U.S. because you knowingly took on the liability. In that civil suit, it's your personal actions that caused the liability that will be at issue, unless you specifically claim that you lost control of the vehicle because of its increased HP and are therefore not liable, except that you are because you mounted the engine.
Whether or not you can insure it (or even need insurance) is between you and your insurer. Some will, some won't. There's no law that boat operators carry even liability in most states in the U.S., but most marinas and finance companies will require it, but if you own your boat outright and trailer it, you don't have to insure it at all.
Ultimately, there's no specific law because the number of cases where it matters are vanishingly small and there's simply no point in regulating it. Here in the U.S., there's nothing illegal about it, and you're on your own as to the liability. If you kill someone with your big motor, it's on you one way or the other.
And that's the way it should be.
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
We had a case where a dealer rigged a customer's boat with a used motor about 15 h.p over what the hull was rated for ,after a day on the water drinking and several injuries due to a boating accident they sued the dealer ,owner had nothing,no insurance
- yukonbob
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
Same in Canada. If there is a case of similar circumstances and a ruling was made precedent may be used by either side to help their case, but it still comes down to the judges decision which may or may not be the same. Sometimes it may have significant bearing over his/her decision, sometimes not.Civil law precedent, especially where it concerns manufacturer's liability, varies greatly even amongst English Common-law countries.
I'm only on here cause I listened to the weatherman ...Shouldn't have. Doing yard work rather than sailing the 10-15kts <1ft right now.
- Sea Wind
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
any pictures?Just added an intercooler and supercharger to my 2nd Mustang
- Highlander
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
U know i bet that would fit nicely in the aft bunk
J
- vkmaynard
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Re: Reconsidering WOT Prop Weighting Ballast or No Ballast:
I agree. 475 HP should get it up on plane a little faster than the 90.
Now that would be an insurance nightmare.
Victor
Now that would be an insurance nightmare.
Victor