Thread: sad story pwc tragic
05-09-2011, 04:16 PM #1
- Join Date
- Sep 2010
sad story pwc tragic
trying to blame the manufacture
05-09-2011, 04:44 PM #2
The attorney for Yamaha sounds like an idiot.
He is referring to PWC as "water scooters," (this is not an industry term and it sounds like a kids toy) and he's also claiming that 16 is the "legal age to drive water scooters in Florida."
FFW Website clearly states:
"No one under the age of 14 years may operate any PWC."
Yamaha is not to blame for this tragedy.
First of all, what about the large boat that killed them? Secondly, Florida requires these young people to carry a license in order to drive a PWC; in my opinion it was the PWC OWNER'S responsibility to check for that license before allowing that minor to use it...
"Any person who was born on or after January 1, 1988 must have completed a boater education course approved by the National Association of State Boating Law Administrators (NASBLA) or passed an approved equivalency exam. Operators who are required to have completed a boating education course or exam must carry on board:
His or her Boating Safety Education ID Card issued by the Florida Fish and Wildlife Conservation Commission (FWC) "...
Here is the same story on the website:
05-09-2011, 05:16 PM #3
Very sad about the kids, but if anyone is liable, it's the owner of the PWC. If a 14 or 15 year old kid told you they could drive, would you hand them your car keys & let them jump on the freeway with it? Obviously, the scumbag lawyers would prefer to try & make a case against whomever has the deepest pockets.
---------- Post added at 06:16 PM ---------- Previous post was at 06:10 PM ----------
05-09-2011, 05:30 PM #4
- Join Date
- Jul 2007
- near Toronto, Canada
The story reads as if the writer (Jane Musgrave) did not fully understand the facts of the case, or basic PWC operation. Sloppy reporting means we don't really have all the relevant data. Hopefully the court will.
South Florida Sun-Sentinel.com
Millions at stake in Palm Beach trial against Yamaha over teen's death in 2005
By Jane Musgrave, The Palm Beach Post
5:07 PM EDT, May 7, 2011
WEST PALM BEACH
One of the last photos snapped of the two young friends shows them smiling, wearing ridiculously tall bunny ears on their heads in March 2005.
Having celebrated Easter Sunday, collecting colored eggs on Dr. Eugene Holly's waterfront lawn on North Flagler Drive, the two were ready for some teenage excitement. After falsely assuring Holly they knew how to operate his WaveRunner, they took off.
Five minutes later, 14-year-old Jaysell Perez was dead and 15-year-old Samantha Archer was gravely injured when the WaveRunner collided with a boat. The so-called go-fast boat first crushed the Cooper City teens and then sliced them up in the instant following impact.
Attorneys, who on Thursday described the events leading up to the horrific crash, will spend the next month trying to convince a Palm Beach County jury that the 2005 accident was avoidable. Yamaha, the WaveRunner's manufacturer, set the stage for it by ignoring years of warnings about flaws in the steering system, attorney Robert Baker said.
Millions are at stake. During Thursday's opening arguments, an attorney representing Archer, who sustained brain damage and suffers a multitude of physical problems, said he will seek nearly $7 million for her past and future medical bills. That doesn't include the millions he and attorneys representing Perez's parents will seek for pain and suffering.
Further, they will ask the jury to find that the company showed a "reckless indifference to human life," which would allow them to recover millions more in punitive damages.
An attorney representing Yamaha acknowledged the stakes.
"They will ask for millions and millions and millions and millions of dollars," Rick Mueller said.
Attorneys for Archer and the Perezes said the request is justified.
"The girls turned right in front of a boat. You know why?" said David Kleinberg, who represents Archer. "They couldn't steer."
Archer, who was driving, did exactly what any beginner would do when she decided to head back to Holly's house, he said. She took her hand off the throttle to slow for the turn. What she didn't know was that once she released the throttle, she couldn't steer the water scooter, Kleinberg said.
"She did exactly what is intuitive and exactly what Yamaha said they were going to do," he said. Instead of turning, the WaveRunner went straight, colliding with the boat.
Baker said 1986-2000 owner's manuals warned that beginners were likely to release the throttle when headed toward an obstacle. "Don't forget to accelerate," it advised. In 2001, he said, the warning was inexplicably removed even though the danger still existed.
Yamaha was one of the last water scooter manufacturers to correct the steering problem. It did so in 2003. The girls were on a 2001 model.
"Unfortunately, it did not happen in time to help the Perez family or Samantha Archer, who suffered catastrophic injuries," Baker said. "It was too little too late."
Mueller, who gave an abbreviated version of his opening statement that he will resume Monday, agreed that the accident was avoidable.
If the girls hadn't told Holly that they knew how to operate a water scooter, he wouldn't have let them take it out on the Intracoastal Waterway, crowded with holiday boat traffic. Further, Mueller said, Archer was not 16, the legal age to drive water scooters in Florida.
"Sadly and regrettably, an underage, unlicensed, untrained and inexperienced young girl was out in an environment, a very congested waterway. That's why the accident happened," he said.
05-09-2011, 05:50 PM #5
- Join Date
- Oct 2006
i feel sorry for the kids and their families but who in their right mind would let a kid ride a pwc without an adult being on board?
the owner is at fault imo , thats if anyone should be held liable for the tragedy.
05-09-2011, 06:18 PM #6
According to the article, they are going to try and make their case on "off throttle steering."
I don't see how this has changed really; Sea-Doo did develop the OPAS system and now they have the brakes (which really did work in my testing) but they are all going to lose steering to a large degree in off throttle situations so I don't see this as a Yamaha-only issue. They are claiming verbiage was dropped from the user manual; as if the poor kid was ever going to read that before he used the ski? The whole thing is just way off to me.
05-09-2011, 06:42 PM #7
05-09-2011, 08:26 PM #8
Blame Yamaha... OMG what rubbish!! Whoever let the kids take the ski is to blame 100%!
05-10-2011, 04:01 PM #9
- Join Date
- Oct 2009
- Green Cove Springs Florida
I would think that previous experience with motor vehicles should come into play when describing ones "instincts". Being 14 and 15 I would guess that they have little to make assumptions on. Agreed that the owner or person who let them go is to blame. As others have also mentioned, its not like they hit a stationary object. seems like the driver of the boat may have been a little destracted? Think they're gonna buy new skis with thier millions?
05-11-2011, 04:54 PM #10
- Join Date
- May 2008
- Elephant Butte New Mexico
This will be an interesting case to watch, and possibly one that will generate outrageous "bodily orfice" warning stickers like what we've seen on certain yamaha skis. Tragedy of course, but the intercoastal??..on a ski?..listen folks you wouldn't see me trying that..far too risky.
I'm always reminding my customers that a jetski with no throttle is an arrow and that letting off the throttle at the wrong time can toss you off the ski..
Skis hould require specific tests for licenses..just like motorcycles. Common sense physics do not apply to the machines.
Millions don't start to touch the costs of long term care..not to mention the agony of those around th injured.
Again, I remind my customers that liability insurnace is far cheaper then the cost of a 10 stitch setup. I carry 500/million on my skis and cars
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