Not bashing. Stating facts from recorded history, not my opinion. We are all responsible for our actions (I expect a bolt of lightning from Heaven to strike me having just said that God has let me slide-on some past transgressions that is for sure). That was my point, I hope you did not think I was bashing OL, on the contrary. I think that they are one of the top builders, no question.
The duty to safety is what I advocate, and here is why. If OL, Cigarette, Skater, or whoever sells expensive, outrageously fast boats to the boating-public, that the general public and politicians do not identify with and do not understand, and then there is an injury or death of a passenger, friend, or innocent (other than the boat owner) when out in these outrageously expensive and fast boats, then it could start the legislative end of hot-rod pleasure boating, ie. speed limits, restrictions. That is my whole issue when it comes to safety design. If you can build safety in the product, and decide not to when it it is readily available, and then injury occurs, you are f*cked! Someone always will need to be re-elected who likes attention.
Accidents happen, that is why it is called an accident, but if a builder can reduce injury and or statistically show x number of injuries to x number accidents, or x number of deaths to x number of accidents (X can be any number) and show that statistically to be insignificant, small, plus whatever legal and factual argument that can be constructed to prove this point. Then, we, as a group have a fighting chance of keeping the sport alive and well without governmental interference. This is affects everyone else that likes to go boating too! I think that the OL bunch has done all that they can, and will continue to build safe boats. I am not bashing, OL Builds A Safe Boat.
Three areas the that Product Liability attorneys look for when suing manufacturers when these accidents occur (other than Negligence is for the operator of the boat if it can be proven):
1. Failure to warn - hot-rod boat owners are aware of the risk. That is why everything we buy today has a warning label - go look at a six foot step ladder, look at the warnings.
2. Manufacturing defect - ie, Toyota - stuck accelator.
3. Design defect - hardest to prove typically according to lawyers I speak with, is there a more feasible design that is cost effective that can be implemented, if yes and not done, then $$$$$$$$ for the plaintiff. There is much more to this area, this barely scratches the surface, but you get the idea.
PS - I thought I was done posting about OL?
It's kind of tiring that every thread I post in someone always brings up how I could know nothing which if you knew me is the furthest from the truth. All I did was post factual info about the 28 and others had to bash OL when they have no experience with any of their boats??? Does that make sense??
