outerlimits rolled?
#121
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Joined: Oct 2000
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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.
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.
If I were defending the manufacturer, I would 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.
Last edited by Smarty; 05-18-2012 at 12:01 PM.
#122
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.
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.
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
#123
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.
#124
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Joined: Oct 2000
Posts: 2,796
Likes: 396
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
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
I could easily argue for both sides, plaintiff and defendant. With the additional fact(s) frompost #120 that Tom A (broken rim) has I would certainly like to be the Plaintiff's attorney.
Last edited by Smarty; 05-18-2012 at 11:44 AM. Reason: Added Tom A.'s fact
#125
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.
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.
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.
#126
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Joined: Jul 2008
Posts: 4,496
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From: Lk. st. Clair MI
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?
#127
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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.
I don't disagree with having to find the root cause.
#128
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Joined: Oct 2000
Posts: 2,796
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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
Last edited by Smarty; 05-18-2012 at 11:55 AM.
#129
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Joined: Jan 2007
Posts: 6,474
Likes: 358
From: Mansfield, TX
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.
You guys really need to be more forthcoming with all the facts or the boating community will assume the worst.
#130
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Joined: Jul 2008
Posts: 4,496
Likes: 1
From: Lk. st. Clair MI



