Riverway Vs Trumbull's Injustice: A Case Study

Professionals in any field are expected to be knowledgeable in his/her area of expertise, however, human errors are inevitable and they have the potential to be problematic if a disgruntled client files a case against the surveyor if they believe the surveyor's errors had cost them, although this may not be true. The financial burden the surveyor may experience to defend himself or company has can be resource depleting. Hence, it is important to attain professional liability insurance to provide protection against liabilities as it covers the cost of defense in civil lawsuits and certain damages awarded, even if they don’t stand.
According to Raia, the warranty of workmanlike is implied in marine surveying contracts and has been held by some
Trumbull it was seen that Riverway tendered a loaded barge, to Trumbull, which was a fleeting service. The barge was fastened via steel cables to another barge from Trumbull's fleet. The Trumbull's barge soon began to take on water and eventually became submerged, taking with it Riverway’s barge. Trumbull denied any responsibility for the occurrence even though Riverway claimed they were negligent. Riverway soon hired a marine surveying company to inspect its barge and provide the necessary advice and provide remedial action so as to prevent the barge from sinking. The surveyor conducted a site visit
For example, in the case of Young V. Clear Lake where a yacht was surveyed for the purpose of insurance. The owner sought the services of a repair yard to conduct surveyor recommended repairs. After the repairs the certified it as having been satisfactorily done. Almost one month after one of the owners were injured after an explosion and fire occurred onboard as a result of leaking fuel. The fuel ignited when the switch to activate the blower and bilge pump was pulled by the owner. The surveyor was not held liable because even though negligence made him fail to detect the leak or certify the repairs, the court saw no evidence of proximate cause in his actions for the loss but rather the yacht owner since he turned the electrical switch on even though he smelled fuel. In addition, the court saw that the surveyor was retained for insurance purposes and not that of a pre-purchase survey. (United States District Court,