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Old 03-29-2012, 10:37 AM   #1
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Question regarding liability of a shop

Never run across this before but here's the story:

Took two non running her skis to shop to repair, was informed that they needed new top ends and other misc parts. Authorized repairs and just got a call that after repairs one of the skis threw a rod through the bottom of the ski.

My question is I guess, who is liable for the damage? Me because it's my ski? The shop for failure to identify proper repairs needed? Should I expect to still pay the repairs done even though they potentially caused the additional damage?

Shop has both skis and supposedly the second ski is running.
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Old 03-29-2012, 10:48 AM   #2
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Quote:
Originally Posted by Lokati View Post
Never run across this before but here's the story:

Took two non running her skis to shop to repair, was informed that they needed new top ends and other misc parts. Authorized repairs and just got a call that after repairs one of the skis threw a rod through the bottom of the ski.

My question is I guess, who is liable for the damage? Me because it's my ski? The shop for failure to identify proper repairs needed? Should I expect to still pay the repairs done even though they potentially caused the additional damage?

Shop has both skis and supposedly the second ski is running.
1. Sit down and talk to them and see if you can reach a compromise
2. If you're thinking about court you'll have to prove that they were negligent which will require testimony from an expert saying as much
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Old 03-29-2012, 11:00 AM   #3
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What was done to the bikes when they were diagnosing? Leak-down? Compressions?
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Old 03-29-2012, 11:02 AM   #4
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how did it throw a rod? no oil? what other services did they do onit? did it throw a rod while testing it? id be bc if it was operator at fault (beating the out of your ski) then it would be a diff story. are they charging you for the work that was done on that one ski?

like bevo said i would sit down with them and try to find a compromise. maybe try to get some expeneses or labor waived. just try not to accuse anything bc will hit the fan quick. ask them how is happened etc etc. if you know forsure they were in running condition before sitting for a while then i would def be cautious of the shop. some shops are doing bad right now and this may just be one of their money making games.
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Old 03-29-2012, 11:06 AM   #5
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I'd obviously prefer not to have to go to court, just looking for opinions from people more knowledgable than me on what to do.

Just not 'ok' with taking two jet skis to a shop paying 2000$ and getting back one destroyed jet ski
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Old 03-29-2012, 11:07 AM   #6
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Quote:
Originally Posted by Lokati View Post
Never run across this before but here's the story:

Took two non running her skis to shop to repair, was informed that they needed new top ends and other misc parts. Authorized repairs and just got a call that after repairs one of the skis threw a rod through the bottom of the ski.

My question is I guess, who is liable for the damage? Me because it's my ski? The shop for failure to identify proper repairs needed? Should I expect to still pay the repairs done even though they potentially caused the additional damage?

Shop has both skis and supposedly the second ski is running.
Take this from me with extensive experience in car repair.

Like Bevo said, sit down with them and discuss this, stuff like this happens from time to time and is not either your fault or the shop's, is the mechanical nature that is at fault, because really, the only way to really tell how everything is in your jet skis is to completely disassemble them. I know, not going to happen.

Also, like Bevo said, to prove they were negligent, first YOU have to be sure they were, and THEN, someone needs to prove it.
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Old 03-29-2012, 11:10 AM   #7
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Quote:
Originally Posted by 90degree View Post
What was done to the bikes when they were diagnosing? Leak-down? Compressions?
Brand new top end rebuild. Don't know what diagnostics were done since the first hour of the new top end threw the rod.
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Old 03-29-2012, 11:13 AM   #8
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You may have released them from some liability if you signed a work order written to protect the shop
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Old 03-29-2012, 11:14 AM   #9
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Quote:
Originally Posted by chingpo05 View Post
how did it throw a rod? no oil? what other services did they do onit? did it throw a rod while testing it? id be bc if it was operator at fault (beating the out of your ski) then it would be a diff story. are they charging you for the work that was done on that one ski?

like bevo said i would sit down with them and try to find a compromise. maybe try to get some expeneses or labor waived. just try not to accuse anything bc will hit the fan quick. ask them how is happened etc etc. if you know forsure they were in running condition before sitting for a while then i would def be cautious of the shop. some shops are doing bad right now and this may just be one of their money making games.
Threw a rod during testing, I have no idea why obviously, we haven't discussed final charges yet just trying to be prepared
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Old 03-29-2012, 11:16 AM   #10
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Quote:
Originally Posted by Lokati View Post
Threw a rod during testing, I have no idea why obviously, we haven't discussed final charges yet just trying to be prepared
Call Motorcycles Unlimited and ask them what they would do if it happened in their shop
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Old 03-29-2012, 11:28 AM   #11
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I'm sure Patrick will read this and PM or respond
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Old 03-29-2012, 11:54 AM   #12
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Where did it through the rod, on the bottom end at the crank or on the top side at the piston? If it's at the piston they should be liable.

If it's on the top side of the connecting rod, they had to work on it to remove and replace the piston, you could site possible faulty piston pin keeper installation, or bad piston pin bearing, which all should have been covered when the top end was rebuilt.

Now the bottom side will be a different story, however, anyone who is going to rebuild a top end is going to inspect the connecting rod, and the free play coming off of the connecting rod/crank bearing. It it happened here they may have overlooked this, and not addressed a potential issue. Most service manuals have this as a key not when the top end is removed in regards to inspecting the connecting rod and connecting rod bearing.

If the crank bearing took a , you may not have much recourse as it may have not been detectable, when just doing the top end.

How many hours are on the ski? Are they an OEM recognized dealer, or is it just a fly by night repair shop.

Alot of these needs to be considered.

I am not a jet ski mechanic, but I have had my elbows covered in grease on more than one occasion.
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Old 03-29-2012, 12:09 PM   #13
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What condition were the skis in prior to them needing the top end rebuild?
Are these something you bought used / non running and brought in for diagnosis or have they been running awhile with no issues?

OT, I'm so glad I don't work on water craft.
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Old 03-29-2012, 12:26 PM   #14
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From personal experience I can say it's best to visit the shop and sit down with the owner/manager.
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Old 03-29-2012, 12:32 PM   #15
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Quote:
Originally Posted by Patrick View Post
What condition were the skis in prior to them needing the top end rebuild?
Are these something you bought used / non running and brought in for diagnosis or have they been running awhile with no issues?

OT, I'm so glad I don't work on water craft.
Bought non running, brought in for diagnosis
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Old 03-29-2012, 12:34 PM   #16
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I knew those skis were gonna be a bad deal.
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Old 03-29-2012, 12:35 PM   #17
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I knew those skis were gonna be a bad deal.
Appreciate the constructive criticism
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Old 03-29-2012, 01:00 PM   #18
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Quote:
Originally Posted by hotcknstrips View Post
Take this from me with extensive experience in car repair.

Like Bevo said, sit down with them and discuss this, stuff like this happens from time to time and is not either your fault or the shop's, is the mechanical nature that is at fault, because really, the only way to really tell how everything is in your jet skis is to completely disassemble them. I know, not going to happen.

Also, like Bevo said, to prove they were negligent, first YOU have to be sure they were, and THEN, someone needs to prove it.
^^This... Especially because you brought it in not running.
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Old 03-29-2012, 01:12 PM   #19
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sounds like you may be the proud owner of 1 ski. Next step sit down with the shop owner and see what he has to say.
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Old 03-29-2012, 02:50 PM   #20
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Wow. That sucks.

LOL at bluewave and obed.
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