Yamaha will appeal PWC crash verdict

Posted on 06 September 2011

Yamaha Motor Corp. USA plans to appeal a jury decision to award $39 million to two Florida families in a case involving a WaveRunner collision that left one teen dead and another injured.

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“Yamaha is disappointed by the jury’s decision to find for the plaintiffs in this case involving a Yamaha WaveRunner and will pursue all appropriate legal remedies. The verdict is contrary to, and inconsistent with, other trials involving personal watercraft, and Yamaha believes that sufficient and substantial grounds exist to appeal this matter,” the company said in a statement e-mailed to Soundings Trade Only.

“Yamaha’s top priority is the safety of our customers, and we pride ourselves in the safety and quality of our products,” the company added. “The WaveRunner is a safe watercraft when driven responsibly.”

In June, a jury found Yamaha mostly responsible for a 2005 accident that killed 14-year-old Jaysell Perez and left Samantha Archer injured for life, according to a report in the Palm Beach Post. The jury also found 1 percent blame for both Archer and retired neurosurgeon Eugene Holly, who let the girls take out his WaveRunner.

Nicolette Archer, who took the girls to the party and gave them permission to ride, was held 10 percent responsible, the Palm Beach Post reported.

Attorney Robbie Baker, of Baker, Zimmerman & Perez, along with co-counsel David Kleinberg and Eric Ansel, accused Yamaha of failing to correct what it said was a known steering defect with the personal watercraft and then failing to adequately warn people that an operator could not steer without throttle.

Comments

An operators' natural reaction when facing an imminent collision in a boat, or an automobile, is to get off the throttle, apply the brakes and steer away from the collision.
Outboards, stern drives and inboards all have some "power off" steering ability because of the rudder effect of the lower units or the rudder itself.
PWCs should be designed to have some measure of "power off" steering ability. You cannot depend on "training" to overcome an operators' natural reactions.

Oh wow! As a Lawyer, Marina Manager (global facilities), Watersports Instructor (global), Powerboat, PWC and Safety Boat Instructor (global) I can say with certainty that this case will have global repercussions for all Manufacturers of watercraft. The onus is yet, in many jurisdictions, to be placed on the Operator of craft. There remains a lack of legislation in many jurisdictions pertaining to age of Operator or competence of Operator. The far reaching consequences of this decision will not only effect Manufacturers but rental operators, Marina's, Repair facilities and all involved in the Marine industry. Could someone send me a link to the case findings please or post the case citation?
Many thanks

this is a perfect example of why our country needs lawsuit reform. The only reason the jury could find Yamaha at fault is big money. When are we as a society going to start taking responsibility for our own actions! It is sad when a life is lost, especially that of child, but shame on the parents and their lawyers for blaming Yamaha.

Unfortunatly what often happens is the person in front takes off at high speed and the second person follows. Suddenly the front vehicle slows and or turns and the second one crashes into the first because he must hit the throttle to turn...something that is hard to do as you are skipping too fast at a immovable objct.
Training is the only way to overcome that fail to act. This is not Yamaha's fault, it was an inexpierenced rider...

Take cause and effect into consideration. The outcome was that two innocent children had their lives change forever; one was killled and another hurt for the rest of their life. The cause however, was not Yamaha or the company's products. Their products are safe and when operated properly; are not a threat or even dangerous. To operate a PWC in almost every state, you are required to obtain an operator's license. In order to obtain this license, you must complete and pass a test. In each of these tests, the PWC "chapter" makes it clear that without throttle you can not properly steer the watercraft. It does not matter what product you are using; if you misuse the product, you will get hurt and/or there will be consequences. Every day almost, I am appalled by the non-accountability that our society condones. If I go out and drink a fifth and get intoxicated; neither the manufacturer of my car nor the manufacturer of the alcohol that I consume should be held responsible. I SHOULD BE!!! I am the one that chose to over-indulge, abuse the alcohol product and then get into a vehicle that is safe to operate if I am under a proper mental state. I sympathize with Yamaha; they provide a reliable and safe product but due to the irresponsibility of a few consumers,they get pentalized for manufacturing a product that is safe under normal and usual operating circumstances. It is a shame that you can be a completely irresponsible individual and be excused for your own negligence. If Yamaha does not win the appeal; well then, I will have to think that the individuals/group responsible for 911 should not be held accountable either. It would obviously be the manufacturers of the airplanes and gasoline that fueled the plane's fault!!!!!!!!

children are the by product of a moment of stupidity and stupid is as stupid does. I wouldn't loan anything to any one unless they understood how to operate it even a broom. l hope Yamaha Motor Corp. USA wins which is in its self is a bad term

I am not a big fan of PWC's either, but I think we're all in agreement here: Adults 98+% at fault, teens 1%, and the easily swayed jury 1 % at fault for being just dumb.

Child abuse in any form should be a crime. Any parent who would allow their 14 year old child access to a high speed motor craft coupled with (obviously) insufficient operational training should be in jail for child abuse, child negligence or what ever the “legal” term is for the gross negligence of your parental duties leading to the injury and or death of your child.

What's next, giving the keys to the Lamborghini to your 16 year-old inexperienced driver and blaming Lamborghini when the child wraps it around a tree at 160 mph?

Wake up !! Yahama is not your baby sitter. As heart wrenching as the loss of a child is -Yahama didn’t create this accident – the parents and pwc owner did and all the settlement money in the world won’t change that fact or easy the pain. My heart goes out to those children and all children of parental neglect and abuse.

I dont understand this at all in the state of Florida anyone born after a certin date must take a safe boating course and obtain a license to operate a personal watercraft and any parents of kids or owners of the product are responsible? i wonder if the good doctor would let my 17 year old son who has an operators permit for a motor vehicle woudl let him drive his Ferrari around Daytona Motor Speedway unsupervised

Giving the go-ahead to an underage operator is the responsibility of the vehicle owner (in the case of theft without permission,was there fault in not securing the vehicle properly?). Jet propulsion relies on thrust for steering (except for MerCruiser Jets sold in 1970's that had a small fin under the discharge nozzle-but it was primarily for low boat speed control.

Insurance money is not free money - it costs all of us in liability premiums!

I hope the PWIA backs Yamaha in this appeal,as the product does no harm until the nut gets behind the controls and abuses the priviledge.

And before the "evil" ATVs it was snowmobiles.
You can't legislate common sense, people never learn the correct way and most don't realize that they are doing it wrong! However, why worry? If you misuse a product and get hurt, just sue the pants off the maker! Then complain that everything that hasn't been outlawed has gotten so expensive! It doesn't take a PHD i nengineering to realize that any "waterjet" propelled boat won't steer without throttle! That should be explained to anyone using a borrowed or rented PWC.
I agree that juries need to be picked based on actual experience with a product (preferably not all positive or negative). However, a lawyer representing a plaintiff in a product liability case knows that sympathy for the "victim" is what will win a big judgement (and a BIG paycheck for the lawyer!). Not to excuse cases of true manufacturer negligence (sadly they do occur) but often times that real "Victim" ends up being the "Inocent" product maker, not the negligant plaintiff.

Outboards don't steer when not in gear --would this jury find all outboards defective.- Our systen is to have a jury "of your peers"; this would indicate that the jury should have had some knowledge of boats as opposed to people who only know what lying lawyers say in a courtroom.

If you have ever served on a jury, you would know why the decission went down the way it did. The average person today lacks the skills for critical thinking. Jury's "feel Bad" for the injured party and make the "big Bad" company that designed and built the product pay for the injured persons suffering. Never mind the facts, law and precedents, it's how you feel that rights a wrong that matters to most people. Also, jurys never get all the facts and make decisions based on what information the court wishes them to hear. Yamaha will reverse this desision on appeal. Also, I'd bet that NONE of the jurours ever have operated a PWC much less a boat. You know the plaintiff's lawyers blocked those types of people from serving.

Quit electing lawyers and tort reform will happen

Yes but, we may have the right to be stupid but it's not my responsibility to pay for stupid. I own a jet ski and I do not let anyone I do not personally know has operated one to operate mine!!

Years and years ago, it was ATC's that were defective. The same "common sense" applies here. You don't give a child the keys to your truck, turn your back on them and tell them to "go play". Parents with no parenting skills were the root cause then, just as they are now. The plaintiff's bar is always sniffing for "new ground", greiving, irresponsible parents need to blame someone else, while also seeking monetary rewards for their bad deeds. I could go on, but you get the drift.

It's the ENTITLEMENT MENTALITY and demonizing of corporations that is much to blame. The left is celebrating that the people got a little bit back of the trillions corporations make off the backs of the poor helpless workers.
This is how they think. Truly sickening.
And they are brainwashing our kids by the millions to think just like them.

The next thing you know is that the swimsute company will be responsible because the color of the suite made the shark kill the swimmer. If we use attorneys as testers for shark repallant we will have less of those stuipd lawsuits, spill hot coffee, get millions type of lawsuits.

The people responsible for letting kids drive these units are responsible. Any trained person knows that there is no steering on a pwc without power in fact almost all power boats have less steering when without power. Maybe as john states above People have the right to be stupid but they don't have the right to put kids in dangerous situations! I am not a big PWC fan but I believe people using the product are responsible and if parents let their kids ride without proper training they are responsible!

Oh No! My car is defective because it doesn't turn unless I hit the gas! I turn the wheel and it just sits there! I need to get a lawyer.

It is a tragic loss for the families but Yamaha responsible? Another crazy jury verdict, we in Florida just can't seem to get it right.
How bout we as Americans start taking responsibility for our own stupidity.

Don't know how to ride, don't ride>>>>>>>>

This is not stupidity. This is intelligence on the lawyer's part for finding a way to blame someone with deep pockets. The downfall is in the people of the jury that believe somehow a "big company" should be at fault. While that may fall into the stupidity part, eventually they will find a jury that goes along with the them. Take the Mastercraft suit for example. It took 3 different jury's and trials to finally get a verdict against Mastercraft, but they finally did. Until the general public change their viewpoint or laws clamp down on ambulance chasing lawyers, this will continue.

On a side note, did anyone else notice the name of the deceased happens to be the same name in the firm? I doubt that's a coincidence.

The courts can not replace the responsabilty of the adults and parents in this. Do you give the keys to your car to 14 year olds then sue Ford. Common sence says this could develope into a problem. Your right

Can't fix stupid !!!

Sick and Tired of Paying for Stupidity!!!!
This is why we are paying through the nose for every single thing on the market!!!!!!!!!!!!!!!!!!

Amen, John.

I'm thinking the adults should be held 90% responsible.

Can't fix stupid.

Welcome to America! People have the right to be stupid!

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