Woodland Hills
Guru
No bilge pump is designed to cope with swamping. ABYC is clear re. pumps purpose; dewatering rain and spray. They are not designed for damage control.
Builder has a Warranty to fall back on. IN the US, there would be an immediate tort filed on Implied Warranty for Merchantabilty and Implied Warranty for Fitness. Have no idea how Canadian law works.
Canada's typical boat warranty is hull and deck for defects and workmanship. If you can prove defect you get a new hull and deck. Canada's typical boat warranty explicitly excludes engines and "Any defect caused by the failure of the owner to provide reasonable care and maintenance;"
We can not form an opinion about bilge pumps as the surveyor did not test the operation and the schematics are too confusing. Probably not relevant as they aren't designed to prevent sinking.
Neither can we form an opinion about how the boat sank. The owner was asleep so would not be allowed to testify about the height of the waves or how the boat sank. The surveyor would not be allowed to offer his opinions in a US court as he doesn't appear to have any credentials or certifications that would qualify him as an expert witness.
Cutwater will probably offer buyer the cost of the defense to settle, enough to pay his atty and replace his electronics. Buyer can then move on.
Don't anchor stern to.
A better suggestion is to not buy a Cutwater with outboards. I’m pretty sure that my Hatteras will not sink if I have bow and stern anchors deployed and the wind or tide changes......
Although I AM currently tied to a face dock with the stern to the waves and wakes. Is there any chance we will fill with seawater and capsize while we are sleeping? Maybe we should stay in a hotel tonight?
Last edited: