Mastercraft product liability suit

[Surfdad]

Found this article at Sacramento Bee

http://www.sacbee.com/2011/06/08/368...-to-chico.html

Snippet from the above SacBee article:

Plaintiffs' lawyers argued that it was a design flaw that caused the boat to dip into the water – an excessively big bow that allowed too many people to get in the front, as well as seepage through a forward anchor slot. The defense said Montz allowed too many people on board – 19 – in a craft rated for 18. Moreover, Nielsen said, Montz allowed 12 passengers to sit in the bow.

Plaintiff's argument is that the picklefork is "excessively big" and that allowed too many people in the bow. The jury substantively agreed with that argument.

The defense argument of 19 vs 18 seems weak and I'm guessing the jury felt 18 means 18 anywhere on the boat, not limited to 4 in the bow and 14 elsewhere.

Check the Plaintiff's Attorney's website graphic:

http://dbbc.com/

"The X45 found to be defective." Sheesh.

[lohe]

well at least they will be able to afford to buy one now...

"record $31 million verdict"

[ragboy]

Mastercraft response.

http://www.mastercraft.com/company/news/521

[mls6722]

In both the News report and now MC website, I am bothered by the lack of substantiating facts or data from MC. They want to assure people of this position, but some insight into how this is assured in their design process would help support the position.

[raythompson]

Ridiculous, but what'll bet that here in California we get stickers for our boats that say "Don't put 2,000 pounds up here"

What you will get in California is a sticker that says "Caution, use on the water may be hazardous".

[Surfdad]

@ raythompson - I read somewhere that we'll see asigned seating on boats in CA

Found this press release by ATA, interesting:

http://news.yahoo.com/s/prweb/201106...b/prweb8556469

This cut n' paste from the PR:

Dreyer hired ATA Associates to analyze the accident. Hull profile measurements and boat performance testing by ATA’s Senior Mechanical Engineer, Ed Fritsch, revealed dangerous characteristics of the 24’ pleasure craft. It was discovered during the course of the trial that while the boat was occupancy rated for 18 people, MasterCraft did not do the necessary testing of the boat with that loading before releasing it to consumers.

The USCG has published that formula that is used to determine the weight/people rating, and ATA as one of the Plaintiff's expert witnesses is saying that Mastercraft didn't test the boat at that capacity. Does anyone know if that is a common test for manufactures? Calculate the USCG weight rating and then go out and load that many people on the boat and test to see if it is dangerous? If that verdict stands, after appeal, what does that do to all of the rated boats already out there?