Cruising Sailors Forum Archive

I've received legal advice on this
In Response To: Redesign and liability... ()

or something similar....

Years ago I was in a landlord situation and a tenant fell on slippery (wet) outdoor steps. I was worried about being sued but also didn't want anyone to get hurt in the future if it was preventable. I asked my attorney if adding a non-skid surface to the steps would be an admission of guilt, and he said improving the safety would be looked on as a constructive and responsible action that would not hurt my case. (Fortunately I wasn't sued, as it turned out.)

Ultimately, nothing will prevent a lawsuit short of good-will and/or averting an issue from even happening. Perhaps the situation is different for a builder's liability for a design/build defect. Following this well-publicized incident, if Aeroyacht wants to sell another Alpha 42 they're going to have to beef up this rudder/steering design and publish an engineering study of that new design to show that it's "overbuilt". That's a given.

Fortunately no lives were lost, nor serious injury... I think the owner and crew have been kind to Aeroyacht so far, and if Aeroyacht steps up to the owner and offers a settlement to cover the deductible in exchange for avoiding an adversarial situation, they will have the opportunity to spin this into a "lessons learned" and offer a new/improved design while still being able to use the owners of hull #1 as a reference for the good integrity of the builder.

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