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Bought used PWC - exploded, go after seller or repair place?

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Odie

Junior Member
What is the name of your state? Iowa

I had just recently bought a used PWC. I looked it over and it looked in excellent shape.

When I test drove it, it worked fine. it had 1/4 tank of gas in it. Turned out that the marina knew about the crack in the tank and chose to patch it, instead of replacing the tank. The Guy I got it from said he did not know about the patch ( he had bought it from the Marina earlier that spring, sold it as his kids wanted something bigger).

I got it home, it rained for a week, and left it outside. I later proceeded to fill the gas tank. I knew it had a reserve tank switch, so when I filled it up, I did not think anything of the fact that when it was almost full, the gas level dropped, I figured that's how the reserve is filled, so I kept filling it. The gas was actually filling the bottom of the boat!

I let it sit for a day, then put it in the water, and went to start it. did not start, looked inside, did not think anything about the stiff in the bottom, figured it was from the rain.

So I took the plugs out, cleaned them and checked for spark! it exploded.( I got the fire out within a minute, and received 1st degree burns to my shoulder and face.) When I told the marina what happened and who I bought it from, they told me to bring it in so they can look at it, just to be safe.

When I got it to the Marina, that's when I learned that they had patched the tank, and showed me where the crack was ( they had to remove some parts to show me. ) They admitted they did not know if the stuff they used would hold up to gas, which it did not.

They told me that it needs a new tank since the patch did not work! it would cost about $500, they did not offer any compensation, as the failure was due to their work.

This could have been more dangerous! If I had known about the patch, I would have been more careful ( perhaps not even have bought the thing). It could have exploded with a kid riding it!

So, do I go after the guy who sold it to me, even though he said he has no knowledge of the patch. ( and the Marina did not say if he knew) of after the Marina, as the work was poor, and created a dangerous situation for me, an unsuspecting victim! And they admitted they chose to patch vs replace the tank, and was unsure if it patch was OK for contact with gas.

If it was something else, I would not be concerned, or if I was informed, but since this is serious, and it caught fire, so what else now is damaged (Some water tubes did melt and need replacing - don't know about electrical - looked OK)


What are my rights? we are talking $500 repair and the unit cost me $2500.
And what type of Lawyer do I talk to.
 



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