Defective Product: $1,000,000.00
Plaintiff was riding in an open bow of a motorboat on the Colorado River, while the Plaintiff’s grandfather was driving the boat, and the boat’s owner was standing next to the Plaintiff’s grandfather giving operating instructions. The plaintiff fell overboard and was paralyzed from the waist down. The plaintiff contended that Defendant Retailer (who sold the boat) and Defendant Manufacturer were strictly liable, negligent, and there was a breach of warranty for failing to install hand holds and guard rails in the open bow portion of the boat. The defendants argued that a claim based on a lack of hand holds and guard rails was preempted by the federal regulation of maritime matters and the Federal Boating Safety Act.
The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.