Courtroom View covered the West Palm Beach products liability trial of the Yamaha WaveRunner jet ski that killed one teenage girl and left another with horrific brain injuries in an Easter 2005 crash. On Monday, June 20, the jury awarded damages of $35 million to the two families. They had originally sought $100 million in compensation. The judge had said he would not allow punitive damages because there was no evidence Yamaha’s action constituted a “reckless indifference to human life.”
The driver of the WaveRunner had three seconds to figure out what to do when she let up on the throttle in West Palm Beach waters. That’s when she discovered she couldn’t steer and instead slammed into the boat ahead of them. The Yamaha personal water craft looses steering ability when the throttle is released. That girl would be alive today if the WaveRunner had rudders, said the plaintiffs’ attorney. The product had an inability to steer as far back as 2001 and the attorneys reminded jurors that a $20 part from Home Depot would have allowed a driver the ability to steer. “This is extremely reckless, highly irresponsible behavior,” one of the plaintiff attorneys to the jury.
The jury found the 2001 Yamaha WaveRunner XL800 had a defective design and failed to warn the public of its dangers and in finding that awarded 88 percent of the fault to Yamaha. The jury awarded $39.8 million to the two families with Yamaha responsible for paying about $35 million.
The threshold requirement in product liability law in Florida is that the plaintiff be injured. Here, regardless of whether the steering or rudder was defective, an injury and a death resulted from the WaveRunner. The jury verdict sends a clear message that Yamaha needs to clean up its act and produce a safe product that protects the safety and welfare of its users.
If you have been injured by a device that did not work as you expected, you may have a product liability action. Allow Farah & Farah a review of the circumstances of your case to determine if we can help you. All consultations are complimentary and at the very least you will have a better understanding of the legal options you can pursue.
Source: http://info.courtroomview.com/Blog/bid/59592/35M-Awarded-in-Defective-Yamaha-Watercraft-Trial
