Trial opens against Sea-Doo maker blamed in girl's death---(Florida)

CaptnKirk · 02-25-2006, 02:36 AM

This story was sent to me by Biznutz...thanks bro!

Quote:

WEST PALM BEACH, Fla. — Within minutes of hopping on a high-speed watercraft, a 12-year-old rammed into a dock along the bank of the Intracoastal Waterway and died.

The victim's mother, Tammy Roberts, blames Bombardier Inc., the maker of Sea-Doo watercrafts, for the accident, and sued the company for the wrongful death of her only child, Christina Hernandez.

Roberts left her daughter at the waterfront home of her employer, Elizabeth ***o, on Aug. 13, 1999. ***o owns the Home Quality Management chain of assisted living facilities.

***o's son Joey was present when Roberts left and, according to the complaint filed in Palm Beach County in 2001, he took Christina for a ride on his 1998 110-horsepower Sea-Doo before letting her ride it alone. Speeding Sea-Doos have been featured in the television show "Fear Factor" and in the film "Cheaper by the Dozen 2," according to the company's Web site.

The case went to trial in January 2006 for the second time, after a mistrial was declared in September 2005 when jurors deadlocked.

As Christina sped across the water alone, she swerved — possibly to avoid another vessel — then eased off the throttle as she headed toward a neighbor's dock, according to the complaint filed in September 2001.

She then turned the handlebars, but found she could not maneuver the Sea-Doo. Christina careened into the dock while the watercraft slid beneath it, according to the complaint.

Attorneys for Roberts stated in the 2001 complaint that the Sea-Doo Model 5838 is defective and posed an unreasonable risk to users.

Specifically, her attorneys fault the craft's design and lack of warnings. When users cut the power, they also lose the ability to steer, according to the 2001 complaint, which means users must steer away from danger, not slow to avoid it.

Roberts' lawyers contended this flaw makes the Sea-Doo design counterintuitive, which, combined with a lack of age-based warning stickers, made the watercraft unreasonably dangerous for anyone Christina's age.

The leading cause of death associated with Sea-Doos is "blunt trauma" from striking something, according to the complaint, not drowning, as is the case for other types of vessels.

Attorneys for Bombardier argued that no warning sticker would have prevented the accident because Christina Hernandez had long wanted to ride on the watercraft. According to the Palm Beach Post, Bombardier narrowly avoided a multimillion-dollar verdict when the case first went to trial.

Court TV

Big Dad · 02-25-2006, 06:34 AM

I watched some of this on Court TV yesterday.It's a good thing i'm not on the jury.That would be a complete waste of my time.Bombardier-not guilty-end of story.I think Florida law says that you have to be 16 to operate a PWC.Here in Ohio it's the same thing but if you weren't 18 by Jan.1,2000,you need the watercraft certificate showing completion of a boating course or passing the test.You used to be able to take the test online.Years ago i had neices and nephews,as young as 10 years old,riding sitdowns and standups on a local river.It seems they had more common sense,or maybe better instruction,than a lot of riders today.Don't get me wrong,i'm sorry that the girl died.I don't want to see anyone get hurt on a PWC.It gives the watercraft sport a bad name and it seems like they are gunning for us even more these days.Ride careful and safe-have fun.

I also thought i heard that the family,of the boy who let the girl ride,already settled with the family.He definitely shared most of the blame for the accident.That's just my .02 cents worth. Jim

BrandonB · 02-25-2006, 03:36 PM

I agree, It's not the builders fault a 12 year old with no knowledge of the craft was let on it alone.

That would be like me letting my 6 year old cousin drive my car. If she hits a tree.. can I sue GM(speedup this bankrupsy a bit.. lol) ?

It's sad the little girl died. And SeaDoo will probly lose the way the court system seems to be working these days. No one has to take resposibility for their own actions.. It's always someone elses fault..

ducesrwld · 02-25-2006, 05:55 PM

If kawasaki is found guilty i've got dibs on sueing yamaha for the exact same thing.

diesel

02-25-2006, 06:16 PM

Quote:

Originally Posted by Big Dad

I think Florida law says that you have to be 16 to operate a PWC.

She didn't belong on the ski, it was her parents' responsibility to keep her away from riding the ski.

Actually the parents should be charged for letting a 12 years old endangering other people's safety.

Also it is not up to a court of a law to determine whether a vehicle is dangerous or not, the ski was presented for homologation by Bomby and it PASSED, herego it was judged safe enough to be sold, there's no questioning that after some kid did something stupid and killed herself.

So if a 10 years old drives a tahoe into a wall and dies you're gonna sue Chevy?

Give me a ****ing break and stop wasting tax dollar on frivolous lawsuits, it's also the district attorney's fault for even letting this case reach the judge's desk.

02-25-2006, 10:31 PM

if you think this case was bad, the same lawyers have 2 more cases coming up against yamaha and seadoo again. they say these next cases are even better than the first one.

skatebros · 02-26-2006, 01:21 AM

that sucks. and you can tell by the millions that they are persuing that they are doing it to make water craft safer for 10 year olds. f ing lawyers.

BrandonB · 02-26-2006, 01:55 AM

We'll end up with 30mph speed limiters...

mphsjeep · 02-26-2006, 10:59 AM

Once again parents not wanting to take responsibility for their kids. By the time all these law suits are over..foreget cool new graphics. Our Doos will be coated with warning stickers from nose to tail. The fact that the first trial dead locked is scary enough. I agree with 11 totally!!!!!
Yea 11 here is a drastic but not so far fetched idea.....If this family wins we all should pitch in and present a class action civil law suit against them on behalf of us safe minded PWC operators. The exact reason Im sure some equaly sleezy lawyer could figure out.
The messed up thing is if this family does win and they live on the water you can bet your ***** a couple of brand spankin new sea doos will most likely show up at their dock!!!!!!!!!!!!

IceRocket1286 · 02-26-2006, 12:08 PM

I was riding at 7 and my little rother was 5, we never hit anything or did anything wrong. We had good instruction and safe family and friends with us, which this girl obviously didnt have...