So will this kill the rental market or just prove that life happens

Landowner, who rented cottage to married couple sued for death, when groom drowns in landowner kayak

According to the article, the landowner rented her cottage to a couple on their honeymoon. On the last day of their stay the deceased took a kayak out on the ocean that was at the cottage. The deceased was wearing a PFD (life jacket).

He was found dead floating in the bay with his PFD on after the weather changed.

So anticipating a lawsuit, the landowner filed a notice of claim under Admiralty law. Admiralty law says the claim of the injured (or deceased) is limited to the value of the vessel after the accident. In her filing she states she paid indicates she purchased the vessel, manufactured by Ocean Kayak, in May 2009 for $297 for the kayak three years ago.

If the federal district court accepts the notice, then the lawsuit is effectively ended and the plaintiff’s will receive $297.

two Ocean Kayak sit-on-tops for two paddlers each.

two Ocean Kayak sit-on-tops for two paddlers each. (Photo credit: Wikipedia)

It is a great move in anticipation of litigation.

However

It is stupid that a person who is renting out their cottage on the ocean has to do this. What was the negligent act that she did? The kayak was still good, it was found floating, there was a PFD for the victim and he was wearing it. What else could you be liable for?

A property owner, landowner, has a duty of care to keep the property reasonably safe and to inform guests or invitees of any dangers. The deceased left the property!

See Kayak owner may face lawsuit over groom’s death or Property owner seeks liability protection in case of kayaker’s death.

What do you think? Leave a comment.

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2 Comments on “So will this kill the rental market or just prove that life happens”

  1. The issue is wanting compensation for her husband’s death and who owes her anything. You cannot be paid for something that was not wrong. Her husband took the boat out and drowned.

    Why would the owner of the cottage have to provide a “safe” PFDor kayak? Isn’t it the renter’s duty to make sure the PFD works and the kayak floats?That is always an issue, who has the responsibility for taking care of someone else. When are you responsible for your own life?

    I suspect the attorney may not understand admiralty law, who knows how the defenses may play out.

    Like

  2. Alyssa Renaud says:

    I can understand how this woman want might want some compensation for her husband’s death, but I do not see the lawsuit to be worth it. By the time this woman pays for a lawyer, the $297 dollars wouldn’t be worth it. If the landowner took the proper precautions of providing the kayak in safe conditions with a PFD, I am not sure the woman would even win her law suit. It is a shame that this event happened to her, especially on her honeymoon, but I do not see how the landowner could be to blame at all.

    Like


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