Legal Question in Consumer Law in Florida

I need to find who to talk to. I moved into an apt complex the last weekend of June. One of the reasons we moved there was they had boat storage and was told there was no fee or stickers needed. On July 17th, I saw my boat gone. I called the police and made a report, that afternoon I found out the complex had it towed, ( they said they didn't know whose it was). I went to the towing company on Monday and found out when they towed the boat, the broke the axle on the trailer and put a hole in the boat. The guy offered to give me a trailer he had but not to fix the boat. As of today,08/04/2010, nothing has happened. From my point of view, I had permission to put my boat there, ( there was another one there too) and no one had a right or reason to tow it. All the tags were new, as I had just bought the boat. All I want is my boat and trailer back and working with no holes. Thanks, Bill Adams


Asked on 8/04/10, 4:29 am

2 Answers from Attorneys
Shelly Schellenberg MI & FL private practice

If the damage to your boat is less than $5000 you can file an action in small claims court. You may want to name both the towing company (for negligently towing the boat) and the apartment complex (for wrongfully ordering the boat to be towed away). Be sure that you have proof that boat storage was permitted, without any further duty on your part. Photos of the boat (before the damage) and a written rental agreement, or advertising that indicates free boat storage will help. You can either try to "go it alone" in small claims, or hire an attorney to represent you. If the damage exceeds $5000, then you may want to hire an attorney, because your claim must be filed in county court and the procedure is not as "consumer friendly" as small claims.

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Answered on 8/09/10, 6:12 am
Angelo Marino Angelo Marino Jr. PA

To tow a boat or any vehicle that is on private property the owner of the property must make a call to the towing company and the towing company must report this to the police. If this was not done, you have a larger claim than just the cost of repairs. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 8/09/10, 3:12 pm


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