SEA DOO Water Enema leads to suit

[Vern]

Interesting post Blue, that makes a little more sense ...

I can't even imagine the injuries, it hurts just to think about it, but it is not the MFRs fault at all. I for one do not trust the seat straps for ANYTHING ... ANYONE who rides with me only rides one way ... they are holding onto me/my vest with a death grip, NOT the cheesy straps! With the thrust our skis are capable of, that is the only way I feel that my passenger is safe. Riding three+ up then requires that much more care and caution from all the people on the ski, that they are ALL holding on. Plus, they are not toys, and I am sometimes shocked to see people using them for 'holding-on' contests ... very dangerous.

[PhilnEdee]

Interesting post Blue, that makes a little more sense ...

I can't even imagine the injuries, it hurts just to think about it, but it is not the MFRs fault at all. I for one do not trust the seat straps for ANYTHING ... ANYONE who rides with me only rides one way ... they are holding onto me/my vest with a death grip, NOT the cheesy straps! With the thrust our skis are capable of, that is the only way I feel that my passenger is safe. Riding three+ up then requires that much more care and caution from all the people on the ski, that they are ALL holding on. Plus, they are not toys, and I am sometimes shocked to see people using them for 'holding-on' contests ... very dangerous.

I crashed my CBR600 in a race on the WERA circuit about 3 years ago...bike was on its side and on my leg-hurt my ankle...can I sue?

[Vern]

Phil, this is AMERICA ... of COURSE you can sue! Grab the phone, call some lawyers until you find one hungry/greedy enough and go for it! Think about it ... the worst that can happen is that the party being sued will settle out of court for $100,000 just to get rid of you since it is cheaper than fighting it out in court. And I wish I was just kidding ... I wish judges would THROW OUT all the frivolous/baseless lawsuits ...

Phil, I was being sarcastic, sorry if that did not come thru!

[Blue 182]

... ANYONE who rides with me only rides one way ... they are holding onto me/my vest with a death grip, NOT the cheesy straps...

I agree with you. Better to hold onto driver than thin strap. I know I feel more secure when I ride as a passenger that way.

When a product comes off assembly line or is sold off showroom floor missing a part, or deviating from design specifications, and manufacturer later admits that missing part or strict adherence to specs would have prevented accident, and thus avoided horrific injuries, its time to try settlement. I actually wonder how Polaris could have let this case go to trial with the staggering admission of "defect" in manufacture. But I guess we dont know what efforts to settle may have been made. My impression is that injury suits against PWC manufacturers have become somewhat rare, at least since the late 90s, especially after OPASS.

I also agree with your comments about "hold on" contests. I dont want to be thrown off, or throw somebody off. Its not worth the risk.

I was interested to read the CA court say that "social constraints" may prevent passenger from holding on to driver too tight. Sometimes you can tell who has strong leg abductor (or is it adductor) muscles, but sometimes you dont really want to know.

[shawn alladio]

Severe injuries from Sea Doo should have been prevented, plaintiff's attorney says



By COLIN GUY

August, 12, 2008


ORANGE - The potentially lifelong disfigurement of an Orange woman injured by a Sea Doo's jet pump could have been prevented, according to an attorney representing her in a lawsuit against the manufacturer.
Megan Norris was riding a Sea Doo with two friends June 29 when she fell off the back of the vehicle, according to court documents filed in Orange County.
The stream of water caused "massive, mutilating injuries to her lower abdomen," according to the lawsuit filed in July against Bombardier Recreational Products, the Canadian manufacturer, and Triple L Powersports of Orange, the retailer that sold the vehicle.
Norris, 24, must now wear a colostomy bag, her attorney, Brian Mazzola, told The Enterprise. Norris is scheduled to consult with a surgeon specializing in colorectal treatment, but the outlook is not optimistic, he said.
"The deal is these personal watercraft (companies) have been having lawsuits filed all over the nation for a design defect," Mazolla said. "The defect is there's nothing to prevent a person from falling directly back into the jet thrust."
If the vehicle had been equipped with a seat back, he said, Norris and others like her could have avoided their traumatic injuries.
He added that his client and the other riders were operating the vehicle properly and responsibly.
"It's beyond me why manufacturers are still making these personal watercraft without any kind of device or added part to keep people from falling behind," he said.
An attempt to reach company representatives regarding seat back installation was unsuccessful.
In a similar lawsuit filed in California against Polaris, another manufacturer of personal watercraft, the defense noted that there are other safety features available on these watercraft.
In the California case, Susan Ford et al v. Polaris Industries et al, defendants said these features include side grips and a seat strap that can be installed to grab on to, but that was not present on the watercraft that Ford had been riding.
Polaris also argued in its defense that a seat back could increase the risk of back injuries, and an engineer testified on behalf of the company that if Ford had been wearing a wetsuit or blue jeans, those materials could have been enough to protect her from the water pressure.
A jury from the initial trial awarded Ford about $3.6 million, according to a copy of the appeal ruling from May of 2006, which upheld the verdict.

http://www.beaumontenterprise.com/news/local/severe_injuries_from_sea_doo_should_have_been_prev ented__plaintiff_s_attorney_says_08-12-2008.html

[Socaloffshore]

Forgive me but chit like this pisses me off.

Lets hope the judge rules this as BS and back charges this A-hole with all of the defending attorney fees.

How much you want to bet this was some maggot that did nothing to research safe riding or safety gear.....

You don't want to take minimal risk on a watercraft, stay the hell off the water and watercraft. Go bowling.....

This is BS

[Blue 182]

This sounds like a replay of Polaris case, except now plaintiff is taking argument way beyond missing strap and advocating complete redesign of seat. My hunch is that BRP will have reams of data showing that full seat back may cause its own problems, and change the fundamental concept of riding PWC.

I understand your view SoCal. I think that the Polaris case has very unique facts. I could hardly believe it when I read it. I think no way to win that one, especially on appeal of jury verdict, with company admission that strap should have been there and would have prevented accident. Ive got to wonder whether that was a surprise admission at trial.

But it sounds like the plaintiff in this new case may have a much more difficult battle ahead.

[PhilnEdee]

This sounds like a replay of Polaris case, except now plaintiff is taking argument way beyond missing strap and advocating complete redesign of seat. My hunch is that BRP will have reams of data showing that full seat back may cause its own problems, and change the fundamental concept of riding PWC.

I understand your view SoCal. I think that the Polaris case has very unique facts. I could hardly believe it when I read it. I think no way to win that one, especially on appeal of jury verdict, with company admission that strap should have been there and would have prevented accident. Ive got to wonder whether that was a surprise admission at trial.

But it sounds like the plaintiff in this new case may have a much more difficult battle ahead.

Never know...if they show pics of the "damage" to the unfortunate girl, then they may deem PWC as hazzards altogether-its bad it happened, but cases like this are bad for us riders altogether as they provide .50 cal ammunition to those who wants us off the lakes completely.