Yamaha Boats featured on Today show story about Carbon Monoxide

[ripler]

BTW the attorney is suing the wrong people, it's 100% the fault of the captain.

 

[tkeru408]

BTW the attorney is suing the wrong people, it's 100% the fault of the captain.

Exactly what I was thinking...if you're going to sue someone, sue the person responsible for captaining the boat.

 

[FSH 210 Sport]

The best part of this is when they walked around other boats. And one guy says they leave their outboard idling to maintain the battery for the stereo. Just so happens to be a yamaha, but that may have been a coincidence.

My question is, as much as I feel for the parents, do they have a legal leg to stand on if their child dies while doing something illegal? As you know this did not happen while the boat was sitting still. And most states, it's illegal to ride outside the gunwales where there is no guard rail.

Sorry to hear, but we have done the same.

They do not have legal standing to sue Yamaha as the boat was delivered with the manuals and placarding for risk avoidance.

 

[FSH 210 Sport]

BTW the attorney is suing the wrong people, it's 100% the fault of the captain.

And the captain was more than likely the daughter since it was her parents boat…

 

[Dean P]

According to the video, they



She did not fall in, her friends said she went for a dip and did not come up.

I was confused by that statement on the show. She was conscious, decided to go for a swim, took a deep breath and dove in? Within seconds of being in the water she passed out and drowned? CO works that fast? That's some bad sht!

I took my boating course. This was heavily discussed. I agree, all boaters should be required to take this course.

 

[OrangeTJ]

Sad any way you slice it. Regarding leaving the boat idling while "hanging out", I don't even see how that is really practical on a Yamaha. With ours, when the engines were on the boat moved no matter whether it was in "neutral" or not. And yes, sitting on the platform while the engines are on is an absolutely no no. Unfortunately, I regularly see folks riding this way on boats with these types of platforms, especially at slow speeds. SO dangerous, regardless of propulsion system.

 

[tkeru408]

And the captain was more than likely the daughter since it was her parents boat…

I don't think it was her parents boat. The story said it was a rental boat and the parents weren't around (based on the fact it says they got a call about their daughter drowning).

I feel terrible for the family, nobody should have to lose a child. But I think their lawsuit against the manufacturer of the boat is misguided. And I agree with the above comment about the actual news story being filled with partial truths and omissions, but that pretty much sums up all new stories like this.

 

[Crob83]

Well the reporter doesn't seem to brilliant, if she's getting 700ppm and still sitting there. Sad for sure, but anybody who boats on a regular basis knows that is the case and it is dangerous

 

[Hot2Go]

Very sad for the family, and a totally preventable death. One of the first things I say when new people get on my boat is my boat my rules, you HAVE to listen to me because it’s MY ass if something happens; this also decides if you get an invite back. Sadly I’ve still had to tell friends they need to be inside the boat before we leave, people drink too much and forget basic safety all the time, some don’t even need to drink to forget it.

Running a boat to power the stereo at a sand bar blows my mind in the video, that is a special kind of stupid.

 

[FSH 210 Sport]

Again,

Why did the 911 caller say they thought she got CO poisoning ? That makes me quite suspicious.

 

[Southernerd]

I saw this paragraph in the story:


and I immediately wondered if Yamaha's knowledge of the impending lawsuit had anything to do with the new seating charts they've added to their website (https://jetboaters.net/threads/yamaha-added-seating-charts-to-their-website.34971/).

Of course, the lawyer's wrong about it only being solved in the owner's manual. At least in my boat, there are warning stickers about this plastered all over the back of the boat (they may not be on the back of older boats). What's the end game of a lawsuit like that (other than $$$), only boat designs with no transom seating?

The end game is a recovery for her family. Typically the arguments made will follow the legal theory they are pursuing. The attorney knows he probably has a problem because there is a warning in the owners manual. He can't claim a failure to warn, instead he has to claim the warning is inadequate. As alternative, he is arguing that the product is inherently unsafe, ex. dynamite. That's why he claims they shouldn't be on the market, its necessary to support his legal theory. He probably settles this case though and you see a batch of stickers mailed out to owners or changes in next years models. They only have to worry about the past 10-12 years of product due to statute of repose. Or they throw him some cash and do nothing.

 

[galonuscct]

A lot of wake boats have a turned down exhaust pipe with some sort of fresh air system for the sterns. Is this a possibility on future Yamahas or aftermarket on current models?

 

[Dean P]

Again,

Why did the 911 caller say they thought she got CO poisoning ? That makes me quite suspicious.

True, someone was aware of the possibility of danger.

 

[David Martin]

I love the reporting........... standing behind any running motor boat,car, truck, tractor, lawnmower ect will have a higher than 200ppm reading, and long exposure times will be bad for you health. I read the article that the attorney rented a boat for his law suite........she appeared to have carbon monoxide poising which blocks oxygen from your blood ....taking a breath before you go under water does not do much to keep you from passing out due to lack of O2. Sad accident for sure but I agree the Capitan is at fault.

 

[FSH 210 Sport]

The end game is a recovery for her family. Typically the arguments made will follow the legal theory they are pursuing. The attorney knows he probably has a problem because there is a warning in the owners manual. He can't claim a failure to warn, instead he has to claim the warning is inadequate. As alternative, he is arguing that the product is inherently unsafe, ex. dynamite. That's why he claims they shouldn't be on the market, its necessary to support his legal theory. He probably settles this case though and you see a batch of stickers mailed out to owners or changes in next years models. They only have to worry about the past 10-12 years of product due to statute of repose. Or they throw him some cash and do nothing.

In the end, said ”recovery” will be ashes in their mouths. That money is not going to bring their daughter back, and even more ashes in their mouths if and when these proceedings determine the daughter was at fault.

I predict this law suit will result in lining the attorneys pocket at the expense of the parents. I also predict that there is quite a bit more to this story than what we are being told, which would not surprise me in the slightest. I also would not be surprised to find that this girl had alcohol or drugs in her system, along with her companions. I would also be surprised if the boat was rented, would have had the proper release documents signed which releases the leaser from all liability. Which also bings up the question, who’s boat was it… again, conveniently left out of the story.

 

[dgbroyles @gmail.com]

Very sad for the family, and a totally preventable death. One of the first things I say when new people get on my boat is my boat my rules, you HAVE to listen to me because it’s MY ass if something happens; this also decides if you get an invite back. Sadly I’ve still had to tell friends they need to be inside the boat before we leave, people drink too much and forget basic safety all the time, some don’t even need to drink to forget it.

Running a boat to power the stereo at a sand bar blows my mind in the video, that is a special kind of stupid.

Can't fix stupid

 

[Cleveland Steamer]

I am curious if there is a video of the readings as well. Its truly sad that something like this occurred. I always try and be observant when anyone is near the back of the boat, but I admit, I have sat, and let people sit on the rear seats when we are moving at 7-10 knots. Usually only for a few minutes...
I understand the concept of a kill zone and backdraft, but I would guess the highest risk is when a boat is at idle and not moving.
I thinks its time to get a CO sensor for the rear of the boat...

I've done it too but after watching this I'm not going to any more. I'm even going to make it a point to always cut the engines off anytime anyone is back near that region. I knew there was CO from the exhaust but was a little surprised by how much in the video. If anything this video, although filled with lots of BS, did shed some light on a potential risk in my boating habits.

 

[zipper]

It is a preventable trajedy. It is the operator (captain) of the boat that was operating neglegently. IMO. The swim platform is not a USCG approved seating area while underway, or even when the engines are on. There were no hand grabs aside from the boarding ladder, pushpit rail or lifelines back there to be recognised as an area to sit while underway. You will be pulled over by a LEO if you are riding there. I wonder what training or boater safety course the operator had. Pretty easy to find the regulations. I am just gonna say it...There are potentially fewer damages that can be gained from the operator than Yamaha.

Carbon Monoxide Protection

uscgboating.org

Most States have their own boater safety guidelines, this is Tennesee's.

Boating Regulations and Safety Concerns

Tennessee is one of the nation's leading states offering recreational waterways, and most "Volunteer State" residents will at some time take advantage of this tremendous opportunity. Any Tennessee resident born after January 1, 1989 must show the TWRA-issued wallet Boating Safety Education...

www.tn.gov

I could see from the NBC story that there were no experienced boat operators/captains chiming in on this subject. They are in it for only their slant on the story.

 

[VitaminSea]

So I was trying to determine at what level (PPM) is CO2 concerning. I came across the following, and it suggesting that up to 1000 PPM, can be deemed typical of occupied spaces. Any thoughts?

 

[Southernerd]

In the end, said ”recovery” will be ashes in their mouths. That money is not going to bring their daughter back, and even more ashes in their mouths if and when these proceedings determine the daughter was at fault.

I predict this law suit will result in lining the attorneys pocket at the expense of the parents. I also predict that there is quite a bit more to this story than what we are being told, which would not surprise me in the slightest. I also would not be surprised to find that this girl had alcohol or drugs in her system, along with her companions. I would also be surprised if the boat was rented, would have had the proper release documents signed which releases the leaser from all liability. Which also bings up the question, who’s boat was it… again, conveniently left out of the story.

It definitelty won't line the attorney's pockets at the expense of the family. That's not how these things works. Any pockets would be lined at the expense of Yamaha and only if they were liable. Whether or not the boat is leased is also irrelevant. That would only be a potential defense as a bareboat charter if the suit was attempted against a company renting the boat and there is no indication that is the case. But even then it would likely be inapplicable as the "unseaworthiness" condition would have preexisted the lease. The warning case likely has some merit if there were no warnings on the swim deck. Putting the warning in a 150 manual would in no way adequately warn a non-owner using the boat who likely had no clue that any risk existed at all. Yet you impugn this dead child, with no evidence that she was anything more that completely innocent here, suggesting she's somehow a druggie dead of intoxication despite the report of the medical examiner being shown in the video finding acute carbon monoxide poisoning. Reckon that ME checked to see if she was OD'd??? As for your ashes comment, its honestly disrespectful to this girls family. They would be the ones learning of their daughters death, finding out she had carbon monoxide poisoning, then they themselves seeking legal counsel to investigate her death. While you surely care little for the girls life, they don't, and your ashes are to them vindication. I deal with families in this situation all the time and their motivation is rarely greed. Most often it is a motivation that other have personal responsibility for their actions. People used to care about personal responsibility, but now a days, its empty rhetoric used only to punch down. Whether its someone on their phone who runs your kid over or an anesthesiologist overdosing your wife during surgery, people don't like others to have a role in the death of a loved one and walk away with zero repercussions. To them, its reprehensible that some person could play a role in the death of a loved one with impugnity.