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03-13-2015, 05:43 PM | #1 | |
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Who's at fault?
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03-14-2015, 06:05 AM | #2 |
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I can't see anything in this article that suggests negligence as it doesn't confirm if Irwin tested, without issue, the repair. Also, there is no suggestion that the repair was identified as the source of the problem (warnings of needing to fill up and vent PWCs are all over the boating handbook). There's also a question of timing--I'm not convinced a month after is too long, but I always wonder what could have changed in that time.
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03-14-2015, 07:31 AM | #3 | |
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03-14-2015, 07:52 AM | #4 |
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85% of all civil suits are settled without going to trial......I suspect the same will happen here.....the "smoking gun" is typically known manufacturers defects that are purposely not corrected because of cost. Remember the Ford Pinto? Ford actuaries actually figured it was cheaper to pay the wrongful death suits than fix the problem! You gotta love corporate America, eh?
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03-14-2015, 08:21 AM | #5 |
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Article is way to vague as to the evidence that has been collected thus far. The ultimate burden is on the plaintiffs to make the case but the article doesn't suggest exactly what proof they have of negligence on Irwin's part. If Irwin repaired it, and it was in good running order when it left, who's to say something didn't happen after it left Irwin's possession that caused this to occur.
Looks like they have the right gold digging lawyers on this though. I can only imagine if they can put together such a BS list of damages the amount of money they must be asking for is equally insane. |
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03-16-2015, 09:36 AM | #6 |
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I got to say I'm always a little nervous starting mine after its sitting for a while. It seems to always have some gas vapor smell even after opening the engine compartment to vent a little before starting. Always wondered why there wasn't a small blower on these to vent prior to starting.
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03-16-2015, 11:22 AM | #7 | |
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Looking at my 2008, setup it would seem very easy to put a small blower in.... just one of many projects I will someday fit in...
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03-16-2015, 11:24 AM | #8 |
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Sense, you expect lawyers actions to make sense??? Out of court settlements in my opinion are why so many of these cases come up.... because it is far cheaper sometime for bigger business and especially corporations to settle, rather then paying huge lawyer fee to fight...
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03-16-2015, 12:40 PM | #9 |
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Have 2 seadoos, a 2000 and a 2003, both fuel injected and I never smell gasoline, in or out of the bilge, never.
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03-16-2015, 01:43 PM | #10 |
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Should not be...
The fuel system for PWCs is essentially sealed and there should not be an accumulation of fumes in the bilge. It is not clear why there were fumes in the bilge of this particular PWC. It is possible that the technician was negligent, there was a leak of some sort in the fuel system, or fuel was spilled into the bilge.
That all being said, opening up the engine compartment and doing a quick inspection prior to riding is always a good idea. Personally, I have never smelled fumes in the bilge of any of my PWCs. Jetskier |
03-16-2015, 03:13 PM | #11 | |
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Now back to the topic of this thread... Could Irwin have been negligent, certainly.... could the owner have been more diligent possibly, but there really isn't enough information in the article to be sure. Maybe this guy did check the Jet-Ski out before using, and through out the day the situation and conditions built up... in that cause where is the liability... I may inspect my jetski once a weekend... I wouldn't check it constantly, as I am not supposed to need to do so, because of the closed system. The question this threads posses for me, is when is an accident just an accident... in this day and age attys get involved a look for an avenue to get the victim money. Occasionally this is justified, sometimes it is not... and most often there is a huge grey area.... This case seems to have a lot of grey area too me... time will tell.....
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