Originally Posted by Keith Atlanta (Post 3690508)

Wait? You are an attorney and you are going to give me a "Wishy-Washy answer"? Really? (kidding of course)

Just find it odd, if it were a vehicle, you could sue the manufacturer. In the world of high performance boats (especially anything that goes 100+) I would assume every court in the country would consider this a specialty "racing" type vehicle just as it said in the news release "racing boat". Therefore, you are on your own if you flip it, crash it, run somebody over... I would assume every speed boat that goes over 70+ mph vaguely falls into the "Experimental Aircraft" kind of thing and if you want to push the limits - go ahead, but you are on your own.

Originally Posted by Smarty (Post 3690534)

I would argue, if for a plaintiff, that is a pleasure boat, advertised not a for a partuclar purpose, solely racing, but for the general public to purchase (anyone) who wants a pleasure boat as advertised on the website, so therefore it would be put into the stream of commerce, just like an automobile or lawnmower, and if an injury occurs, then a manufacturer may be held liable. There is much more to this arguement.

If I were defending the manufacturer, I would argue caveat emptor (buyer beware), and argue that the manufacture did in fact warn of potential injury when operating the boat in a manner not advised. And further argue that the buyer was properly warned of what may happen when the tab is lowered all the way and a turn is attempted, and the buyer-user improperly operated the boat.

Is there a winner in all this? The attorney(s). But enough with this legal BS. No one was hurt, the boat came out OK, and the problem will be fixed.

Originally Posted by Cat & Mice (Post 3690557)

You guys are killing me!!

Are you saying if I go out and drive my Porsche into a corner too fast and crash it is the manufactures responsibility?


MP

Originally Posted by Cat & Mice (Post 3690557)

You guys are killing me!!

Are you saying if I go out and drive my Porsche into a corner too fast and crash it is the manufactures responsibility?

I would say just about any motorized vehicle can be pushed beyond its limits in the real world. I would also say that give me any boat and I will be able to flip it, crash, it or push it beyond what is safe. especially in the Ocean. There is no full proof, dummy proof, un-flippable boat made, period.

I am glad that OL is the one that is pushing the boat hard enough that if something goes wrong (ie, indicator failure, or whatever) it flips. We all know that there is a lot that can go wrong with boats.

I have been in this boat with Mike and he is not afraid to push it hard and that is what I want from a manufacture.

Glad everyone was OK.

MP

Originally Posted by Smarty (Post 3690395)

Your statement in post #76 is "Gimme a break will ya? WTF do you know?" in response to thirdchild's post.

You further wrote in post #78 "Oh...thank goodness...I guess that slams the door shut on the OL29, thanks for saving the poor suckers that were going to purchase this machine."

Thirdchild was right in regards to his post that stated, "if a new design has already overturned at moderate speed then maybe they need to find out why before more of them end up in the hands of inexperienced boaters. JMO and excuse me for telling it like it is." You disagreed with this statement in your posts in #76 and #78. I find thirdchild's statement to be accurate.

I hope that clarifies any misunderstanding. I am not attacking you.

Originally Posted by Tom A. (Post 3690580)

Let's look at it in different way.

Lets say you went into the corner real hard and one of the factory installed rims broke causing you to crash. The wheel manufacturer and Porsche would certainly then be at least sued if not found liable.

Originally Posted by Indy (Post 3690589)

Actually the part that I reacted to was that he ran into some rogue waves and freighter wakes with no issues which implied (to me anyway) that it shouldn't happen to the OL29, you can't compare the two instances. Maybe I took it wrong but commented on my reaction in a subsequent post.

I don't disagree with having to find the root cause.

Originally Posted by POWERPLAY J (Post 3690590)

What if said Porsche had the wheels off at one point and the tech just used an impact on the lugs and didn't use mfgr reccomended torque specs?

Originally Posted by animalhouse (Post 3690464)

Golddigger's issues were all related to owner supplied power. This 29 incident was related to a mechanical failure / faulty indicater, the boat runs extremely well, and unfortunately did what any boat (as many on here have attested) will do when a tab is malfunctioning.

Originally Posted by smarty (Post 3690592)

enough with the lawsuits, i want to go for a ride in this 29' beast, if i get wet (and uninjured) i will not sue. I want to go fast, hell that is what makes it fun. Let me be there when testing, i won't complain either.

Stephen