PWC explodes at Stony Point Bay Marina

Pete

That PWC is a number of years old. Not sure of the year but more than 2 or 3. PWC's take quite a bit of abuse and produce LOTS of vibration. Checking for lose fuel lines and worn hoses is the PWC owners responsibility not the manufacturers. Can't expect the manufacturer to be there to check for vapors each time a PWC is started.

If I was on the jury the mere fact that the guy admitted smelling gas and did not confirm the source before trying to start the craft makes the responsibility 100% his in my mind.
 
Mike
I'll agree with you up to a point. Certainly the jury is responsible in every case. It really is their decision.
BUT
The lawyers control the selection of the jury and thus bias the outcome through clever juror selection.

John
I wish I could agree but the odor test is inadequate. As I have stated, we smell gas at the marina all the time and cannot tell which boat it is coming from. People wind up becoming complacent because their equipment appears functional and there are no obvious leaks. Sometimes it takes a pro to locate the source of the odor, and even then, with a pro, escapes can occur.
As far as the maintenance issue goes I would also not be surprised to see annual inspections for boats start. It's pretty obvious average people cannot ensure adequate safety.
 
quote:
Originally posted by HOGAN

If the juries stopped awarding money on baseless cases, the suing would stop. Don't blame the lawyers, blame your "peers"

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No, if the lawyers stopped blocking attempts to reform tort law so that the loser is responsible for the winners legal fees then many frivolous law suits will go away.

The current, lets throw it against the wall and see what sticks is very broken...
 
Not true, John, a typical, run of the mill personal injury case costs the plaintiff at least $10,000 to pursue. There are medical record fees, expert fees, court costs, office fees, etc...

If juries would stop handing out money, the number of frivolous suits would drop dramatically.

I can tell you from experience that a venue like the Bronx is heaven for PI lawyers. The jurors there think that they are Santa Clauses, giving out money to whatever plaintiff comes before them. When I was practicing PI law, if I had the exact same case in the Bronx or in Rockland, I could get the insurance company to pay MUCH more on the Bronx case. They don't want to take a chance with those knucklehead jurors.

I agree that tort reform is needed, but until the jurors get under control, you will have insane verdicts.
 
Let me understand, highly paid lawyers vs unpaid ($5 a day is unpaid) jurors.... So the fact that the lawyers have figured out how to milk a broken system is the jurors fault?

Yup, personal responsibility and ethics are gone in this country.
 
BTW - I know your belief helps you sleep at night but just because something is legal doesn't make it right!
 
My BIL is a med-mal attorney, defending insurance companies, hospitals and doctors. Just the other day we were talking about how the Bronx has fewer and fewer free clinics and good doctors due to this issue. Apparently the Bronx is number one in the country for awarding settlements.

As a dentist friend of mine said "I'd love to be judged by a jury of my 'peers' but how are you going to get 12 dentists to serve on the jury all at once"?
 
I guess things have changed from when I had Jet ski's . The engine and gas tank were in seperate compartments. When we fueled we removed the seat and opened the front hatch so we could see how much fuel was in the tank as we filled it. This all goes back to people being responsible for there actions... PEople that loose limbs clearing a running snow blower.. same with lawn mowers... Its tragic but people have to be responsible .... End of story... And yes Lawyers... They deserve the bad rap....

Rob
 
Is this the first time a Jet Ski blew up?

I teach the Boater Safety Course and we teach people to stick their nose under the seat and smell. A Boating Safety Course is required in most states to operate a PWC.
 
I used to feel the same way about lawyers untill I started to need one on an almost regular baisis, to save my butt against bull lawsuits. If it wasn't for my guy I 'd be broke by now and out of business.

A quick reminder about sparks around gas, the other night when I started the boat I saw a spark and it was from a loose wing nut on my battery ground . I cranked it down tight with pliers, the ground cable was also hot as heck , thats what i get for not having nuts on them it must have worked loose, check your battery cables and make sure they are tight guys . scared me when i saw it , thats for sure . best whishes Jon
 
Now i'm thinking of slapping a blower in our skis ....
 
quote:
Originally posted by rommer

Let me understand, highly paid lawyers vs unpaid ($5 a day is unpaid) jurors.... So the fact that the lawyers have figured out how to milk a broken system is the jurors fault?

Yup, personal responsibility and ethics are gone in this country.

Click to expand...


John, PI attorneys only get paid if the WIN the case.
 
Lawyers are the ones advertising their services at no out of pocket expense to the plaintiff, not juries. Lawyers are the ones with commercials shoving the idea down your throat that if you've been hurt "in any kind of accident" they can get you the "money you deserve", not juries. Lawyers are the ones filing suit for clients who have shady cases, not juries. Juries make their decisions and awards after listening to a bunch of lawyers talk at them in court. Yet to fix the system we need to start with juries??? The FIRST step to take is to outlaw working on contingency fees that can run into tens of millions of dollars for legal work that would cost tens of thousands if actually billed..
 
Hogan , that just cracked me up , thanks i needed a good laugh today ...Jon
 
WE have all seen the commercials... Have u fallen, have u tripped, U may be entitled to money....

Lawyer adds should be banned....

Rob
 
Ugh....

There's no easy answer to this case, other than remember to CHECK FOR FUMES and if you smell any, DON'T START THE BOAT/SKI. Of course, you all knew that - that's why you are here on BoaterEd. Its the rest of the dumbkopfs we share the water with that you generally have to worry about...

As for whether or not this fellow has a legitimate case - I guess the lawyers, judges and insurance companies will decide...
 
quote:
Originally posted by boatbum

Jon you are right I am not suit crazy, but I can believe there is always a good chance one will be born out of an accident like this.
We smell gas on the creek so much we wonder why it doesn't happen more frequently.

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Man, talk about smelling gas. On our dock on Perry Lake (KS), there's a guy with a 28 foot Bayliner cabin cruiser on a lift. He doesn't boat much but he always makes sure to top off his gas tanks every fall.

Well come the next season the weather gets very warm to hot and I guess the gas expands in his tank and invariable starts dribbling out of the gastank vent. I don't know if the line for that vent isn't designed right or what, but once it starts, a steady *stream* of gas comes out of it.

We've called the Marina numerous times over it. They all shrug their shoulders, mutter something about "Yeah, that's Clay's boat alright, does that every year" and then wander off. No one seems to consider it a safety risk, let alone all the gas that ends up in the water... *grrrr*
 
quote]Originally posted by HOGAN

quote:
Originally posted by rommer

Let me understand, highly paid lawyers vs unpaid ($5 a day is unpaid) jurors.... So the fact that the lawyers have figured out how to milk a broken system is the jurors fault?

Yup, personal responsibility and ethics are gone in this country.

Click to expand...


John, PI attorneys only get paid if the WIN the case.
[/quote]
Mike,
Now that was a real lawyer answer, let me clarify that lawyer answer.

True, “PI attorneys only get paid if the WIN the case.”
But what you left out of that answer is that PI attorneys won’t take a BS case with a defendant that will not settle and takes it the whole nine yards, like Home Depot.

Most insurance companies would rather settle a BS case, than pursue it in court; the 10k to just pay off the A-hole is cheaper than having to go to trial. The attorneys know which companies will settle and those that won’t when they pick who they represent and how strong the case is or is not, this plays into whether or not they will take the case.

So here is the scenario:
ABC insurance company never settles a case; they go the entire nine yards.
XYZ insurance company always will settle out of court.

Joe Blow, has a can of beans fall off a shelf, and hits him on the head, he now claims since this happened he can no longer have sex with his wife.
He sees a PI attorney; PI attorney asks where this happened.

Scenario 1: It happened at a place that is insured by ABC company, attorney says we don’t have a case.

Scenario 2: It happened at a place that is insured by XYZ company, attorney says, I need you to get an MRI, see this doctor, you will need to see this shrink, go to this doctor, we have a very strong case here, don’t worry we will make it better for you and your wife.

So when I said “True, PI attorneys only get paid if the WIN the case.” They never take a BS case unless the know they will be paid.
 
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