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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 9:13 am 
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Ah here come the lawyers. In throngs... :lol:

I might also add that we know very little about this suit. With that in mind, I'm betting that those people sued the driver of the boat, the owner of the boat (if a different person), and the drivers/owners of any other boat involved or any property located on water or land that they collided with. When you're filing a lawsuit of this nature, you take the "buckshot approach" and you get everyone in who could possibly have even the smallest amount of fault. Then, it is up to each party to try to get themselves dismissed out, or to pull in other parties who might possibly have fault. That way you preserve any claims you might have before the statute of limitations runs out.

Taking off my lawyer hat, I agree with most of you that this suit is complete garbage ON THE KNOWN FACTS. In my mind as a potential juror, anyone who loads a boat with that many people has canceled out the majority of other factors that could cause harm. The person loading that many people into the boat bears the majority of the fault, IMHO.

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 10:58 am 
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pet575 wrote:
Ah here come the lawyers. In throngs... :lol:


As long as it ain't in thongs!!!

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 12:38 pm 
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That's funny - The driver hits a parked boat and wants to sue. If they win there will be lots of people hitting parked boats, cars etc... :wink:


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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 3:34 pm 
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Using this logic, clearly the this guy needs to sue God for passing out defective brains. :roll: I do hope that some of the passengers decide to sue the boat operator, some justice might be served there.

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 4:37 pm 
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VWPOWER22 wrote:
That's funny - The driver hits a parked boat and wants to sue. If they win there will be lots of people hitting parked boats, cars etc... :wink:


I'm not calling you out on this, but is the person suing really the driver? I'm only asking because I don't know-I was under the impression that the plaintiffs were passengers in the boat.

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 4:40 pm 
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We all know what Paul Harvey would say....

Quote:
The boat was a bow-rider. It's a boat in which passengers can ride in the bow, or in front of the windscreen. It was designed to hold 12 people.

The lawsuit says "designing and manufacturing boats which encourage bow-riding has been known by boating manufacturers to be an unsafe practice since at least 1994."

The lawsuit claims the Crownline 225BR (the type of boat involved in the crash) is an "unsafe design for a twelve-passenger boat" and that "the unsafe design...contributed to causing the injuries suffered by the plaintiffs."

The lawsuit states bow-riding is unsafe because it "exposes persons on the bow to the risk of ejection in case of collision, and it places passengers in front of the driver, thereby obstructing the driver's ability to see objects in or on the water ahead of the vessel."

Sullivan told First Coast News, "If you make a boat that has only seven seats behind the windshield in the cockpit, you shouldn't advertise or sell it as a 12-passenger boat because you're going to assume five passengers will ride in the front of the driver, thereby obstructing the driver's view."

Fourteen people, not the recommended twelve, were on the boat when it crashed into a parked push-boat in the Intracoastal Waterway.

The lawsuit says, "However the two additional passengers did not cause or contribute to causing the accident" because those two additional people were behind the driver.

The lawsuit is seeking $75,000 in damages.

When asked if the boat's driver should bear some responsibility, Sullivan told First Coast News, "Nobody is saying the manufacturer is solely at fault. Anytime you have an accident like this, there are many contributing causes. But the driver is deceased, and so the clearest cause of action among these people who contribute to this is the boating manufacturer."

Sullivan added, "And if [the company] bears a part of the responsibility, they need to be responsible for that portion of liability."

Sullivan said other survivors of the boat crash may add their names to this lawsuit.


From the rest of the article quoted in the original post.

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 6:07 pm 
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So I guess when I went up the hill ALMOST to the top! BUT started to slide down, got thrown off & the Yamaha Warrior landed on me breaking 3 vertebrae, my collarbone knocking me out briefly. I should be suing Yamaha Motor Corp. Because I didn't have ENOUGH : 1 Speed, 2 Traction , 3 Knowledge that it wasn't gonna be pretty ( I do remember thinking that as I was going faster & faster backwards down the hill :shock: ) Yeah I gonna take them to court so I can be another cause for higher insurance rates, liability issues for ALL power equipment mfg's. I think I'll just be happy that I can walk & do everything as before the accident almost %100 but some W/pain. It was MY FAULT Plain & Simple!! :oops:

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 6:22 pm 
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Quote:
The lawsuit is seeking $75,000 in damages.


Drop in the bucket. Right or wrong, it will be cheaper to settle than fight. Unfortunate reality.

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 6:26 pm 
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KSJ08 wrote:
So I guess when I went up the hill ALMOST to the top! BUT started to slide down, got thrown off & the Yamaha Warrior landed on me breaking 3 vertebrae, my collarbone knocking me out briefly. I should be suing Yamaha Motor Corp. Because I didn't have ENOUGH : 1 Speed, 2 Traction , 3 Knowledge that it wasn't gonna be pretty ( I do remember thinking that as I was going faster & faster backwards down the hill :shock: ) Yeah I gonna take them to court so I can be another cause for higher insurance rates, liability issues for ALL power equipment mfg's. I think I'll just be happy that I can walk & do everything as before the accident almost %100 but some W/pain. It was MY FAULT Plain & Simple!! :oops:


I would sue god..... Clearly the hill was too tall :roll:

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 6:40 pm 
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Walt wrote:
KSJ08 wrote:
So I guess when I went up the hill ALMOST to the top! BUT started to slide down, got thrown off & the Yamaha Warrior landed on me breaking 3 vertebrae, my collarbone knocking me out briefly. I should be suing Yamaha Motor Corp. Because I didn't have ENOUGH : 1 Speed, 2 Traction , 3 Knowledge that it wasn't gonna be pretty ( I do remember thinking that as I was going faster & faster backwards down the hill :shock: ) Yeah I gonna take them to court so I can be another cause for higher insurance rates, liability issues for ALL power equipment mfg's. I think I'll just be happy that I can walk & do everything as before the accident almost %100 but some W/pain. It was MY FAULT Plain & Simple!! :oops:


I would sue god..... Clearly the hill was too tall :roll:


Nah the stones were too loose :roll: :lol:

P.S. It was my 2nd accident on the Quad. The 1st was only minor injuries, BUT being a superstitious hockey player made me (& the Wife) decided to sell it before I got crippled!!

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 Post subject: Re: Who is at Fault ?
PostPosted: Wed Apr 29, 2009 7:46 pm 
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KSJ08 wrote:
Walt wrote:
KSJ08 wrote:
So I guess when I went up the hill ALMOST to the top! BUT started to slide down, got thrown off & the Yamaha Warrior landed on me breaking 3 vertebrae, my collarbone knocking me out briefly. I should be suing Yamaha Motor Corp. Because I didn't have ENOUGH : 1 Speed, 2 Traction , 3 Knowledge that it wasn't gonna be pretty ( I do remember thinking that as I was going faster & faster backwards down the hill :shock: ) Yeah I gonna take them to court so I can be another cause for higher insurance rates, liability issues for ALL power equipment mfg's. I think I'll just be happy that I can walk & do everything as before the accident almost %100 but some W/pain. It was MY FAULT Plain & Simple!! :oops:


I would sue god..... Clearly the hill was too tall :roll:


Nah the stones were too loose :roll: :lol:

P.S. It was my 2nd accident on the Quad. The 1st was only minor injuries, BUT being a superstitious hockey player made me (& the Wife) decided to sell it before I got crippled!!



It was your fault for sure, you were riding a Yama.... You would have made it if you were riding the superior Honda machine!!!! :lol: 8)







Quote:
Kids loves bow…
I personally feel better with kids in bow than back. I can see them when they misbehave at bow but if they sit in back and misbehave….. I can not see... I have more issue with people who sit in back than bow….

I here ya, but a couple more stupid law suits and no one will be riding in the bow!!! It will be for 'sunning' only! Just let the new Democratic government here about this one, they will fix it!!! Along with shutting down all our off road trails, even the ones that are steep, with loose gravel. :shock:

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 Post subject: Re: Who is at Fault ?
PostPosted: Thu Apr 30, 2009 6:19 am 
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Ah yes BUT I do own the HONDA CBR954RR for my street toy!!! :twisted:

Actually the Yamaha Warrior is superior to the Honda EX300, that's why I bought the Yammy

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Last edited by KSJ08 on Thu Apr 30, 2009 9:28 am, edited 1 time in total.

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 Post subject: Re: Who is at Fault ?
PostPosted: Thu Apr 30, 2009 6:51 am 
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I want to chime in on this. I sell commercial liability insurance for businesses to protect them from peoples stupidity. If we could file a stupidity exclusion, we would never pay a claim. That aside, I see crap like this all the time. There was a case several years ago where a man purchased a new Winnebago motorhome. On his first trip, he proceeded to put the motorhome on cruise control and went to the back of the RV to make himself a cup of coffee. Naturally the RV left the road, destroying the RV and seriously injuring the driver. He sued because the owners manual didn't say he couldn't do this. Naturally, he won.

One of my own clients was sued when a women picked up a newspaper off a stack that was next to the newspaper rack. She then proceeded to pay for the paper, turned around, and tripped over the exact same stack of paper she had just grabbed her newspaper from. She was awarded $75,000 for her injuries.

As one poster allready mentioned, there is no personal responsibility in society. This is evident with how all the fiscally responsible people are having to bail out the people who bought way more house than they could afford. That's a whole nother debate.

The only person that should be sued in this is the driver and owner of the boat. The driver was negligent in his actions by overloading the boat and not being in control of his vessel. The owner should have never entrusted his boat to someone who was not capable of operating the vessel in a safe mannner.

The sad thing is that they will probably be awarded a judgement in their favor. They might not be awarded the full amount sought, but the manufacturer/insurance company will probably give them $25,000 to just go away. It will be up to the jury, but what these people don't understand is companies don't lose money (unless you are GM (government motors) or Chrylser) so the next Crownline boat will just cost everyone a little more to recoup their losses.

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 Post subject: Re: Who is at Fault ?
PostPosted: Thu Apr 30, 2009 9:26 am 
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Here's a true story from a friend who's family here owned a propane business. Several years ago we had a bad ice stormy winter, an elderly widow customer called Doug one of the owners/delivery men to tell him "she smelled propane" he told her to go turn off the bottles & he'll come out asap to check it out. She goes out slips on HER property on the ice & breaks hip. Now her lawyer is suing the business. His lawyer tells him to settle out of court, let INS pay the claim cause it's not worth fighting!! Un real what these lawyers will do for a buck!!
Then again they're all our POLITICAL leaders aren't they :evil: :evil: :evil: :evil: :evil:

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 Post subject: Re: Who is at Fault ?
PostPosted: Thu Apr 30, 2009 10:11 am 
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It is a sad world we live in today - it seems that so many are believe you sue for everything no matter the real fault or liability. No wonder our court systems are so backed up. After all "you can't fix stupid"


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