Watercraft warnings debated at trial---(Florida)

CaptnKirk · 01-18-2006, 05:04 PM

Quote:

One thing is certain: 12-year-old Christina Hernandez longed to operate a personal watercraft, attorneys said Tuesday. And on a sunny August day in 1999, Christina's wish came true.

Within two minutes, the Greenacres girl crashed into a Juno Isles dock and her young life was over. A Palm Beach County jury must now decide who was at fault.

In a negligence lawsuit, Christina's mother, Tammy Roberts, blames watercraft manufacturer Bombardier for her daughter's tragic death. Despite knowing that children 16 and younger had a history of getting hurt or killed while operating personal watercraft, plaintiff's attorney Robert Baker said in an opening statement, Bombardier failed to require a conspicuous warning sticker alerting minors not to operate them.

"The lack of an age-based warning renders the product defective," Baker told jurors.

On a large screen, jurors saw the imprint of Christina's chin where it slammed into the dock.

Bombardier, according to Baker, was negligent by not following competitors that had some form of age-based warning on their watercraft. A circle with the number 16 with a line through it -- signifying that anyone younger than 16 should not operate the watercraft -- would have been all it would have taken, Baker argued.

Not so, countered Bombardier attorney Scott Sarason. The accident occurred as a result of an excited, inexperienced preteen operating a powerful machine by herself in the Intracoastal Waterway, he claimed. Investigators determined the accident's cause to be operator inexperience, the lawyer said.

"Would a circle with a 16 with a line through it have stopped Christina Hernandez?" Sarason asked. "It defies logic."

Roberts worked as a housekeeper for nursing home magnate Elizabeth ***o. In the summer of 1999, ***o purchased a Sea Doo for her then 17-year-old son, Joey, Baker said. The young man chose a snappy bright yellow model weighing 428 pounds that tops 50 mph.

On the day of the accident, Christina's stepfather briefly left her with Joey and his 16-year-old girlfriend at ***o's home near Juno Beach, Baker said. As soon as the children were alone, Christina asked to go for a spin on the watercraft. After about five minutes of instruction, Joey handed over control to Christina, according to the lawyers. It was an irresponsible decision that falls in the lap of a privileged young man accustomed to making decisions without the benefit of adult supervision, Sarason argued.

Age warnings were addressed in both the watercraft's operator's guide and safety video, Sarason said, adding that Bombardier should not be liable if Joey ***o chose not to read them.

The Sun Sentinel

styds · 01-18-2006, 05:17 PM

Man, these things look like toys but they are not. But to blame the manufacterer is just pure F'in Greed. Slimy attorneys.

SBT · 01-18-2006, 05:56 PM

The legal system is at fault for allowing all these BS lawsuits and wasting our taxpayer money.

I feel for the family, but that doesn't excusing cashing in on it.

01-18-2006, 06:13 PM

That is sad. But this is a reminder that these are not toys. I have several cousins well over 16 and I still don't even let them ride mine. I tell them that they can ride with me or not at all.

It's shocking how many people do not know how a watercraft operates and how to manuever. Training is essential, once someone gets the idea then you can maybe let them by themselves.

As far as a lawsuit blaming the manufactuer.......Unbeleivable unless there was some serious manufactuers default but saying that a sticker would have helped.......

01-18-2006, 08:51 PM

Like they said it was printed in the owner's manual and on the included video. so the warning was there, just not slapped on the ski itself.

Once again a person is irresponsible (owner) and a death occurs, lives are destroyed, and now the blame gets put on the deepest pockets: aka Bombardier.

Sue the person who gave the child the loaded gun, not the maker!

djyox · 01-19-2006, 01:28 AM

If they put enough warning lables on the ski, so every dumbass out there wouldn't be able to get hurt, they wouldn't have enough room left on the ski to write bombardier...

I hate stupid people, they always mess it up for the rest of us.... I wish they would just making a boating class manditory for all watercraft. Stop stupids from wrecking people who actually give two craps good time...

tfergusonracing · 01-19-2006, 01:37 AM

Why does everyone need a babysitter and a warning? Do we not have common sense anymore? I second the person that said this is a greed filled lawsuit. It absolutely is.

And for those that don't realize it...jetskis don't have brakes.

LBE · 01-19-2006, 02:08 AM

I don't think age has anything to do with this. This could just as easily have happened to 30,40,60 year old person who has no boating experience and doesn't realize no throtle means no steering. I have talked to watercraft rental shops, and they are constantly dooing fiberglass repair. And not all their renters are between 16-18 years old. These are adults,

Sorry for the family.

This is why you should have to take a test and get a liscense like a car. But as evident by our roadways, this won't stop all accidents, just prevent some.

my $.02

01-19-2006, 02:15 AM

Quote:

Originally Posted by SBT

The legal system is at fault for allowing all these BS lawsuits and wasting our taxpayer money.

I feel for the family, but that doesn't excusing cashing in on it.

Indeed, suing SeaDoo because her 12 years old kid died after SHE let her ride her ski?

I mean I know it must be painfull but give me a break, the pain of an irresponsible dumbass doesn't make him/her a lesser irresponsible dumbass.

Those people should be the ones being trialed, I don't think Glock, Smith & Wesson or Colt get sued because someone makes an unlawfull use of their products...

CJOZ · 01-19-2006, 06:58 AM

Only in America