In a blog post earlier this week, I talked about last Saturday's Seneca Lake boat accident that killed the owner of the Glen Harbor Marina and injured the Marina's head mechanic. More recent news reports now indicate that the accident may have been caused by a defective steering system in the high-speed boat.
If in fact the steering system was at fault, the family of the deceased boating accident victim, along with the injured survivor, may both have a New York products liability (defective products) case against the manufacturer of the boat for marketing and selling a boat with a defectively designed or manufactured steering system.
The two men were test driving the high-speed boat when, according to the survivor (the Marina's mechanic), the steering, on its own, started malfunctioning, causing a sharp turn that threw the two into the water.
In order to determine whether a valid New York products liability case against the boat's manufacturer can be brought, an engineer would have to be hired to carefully examine the steering system for defects in either its design or manufacture. Products liability cases by necessity require careful expert evalutation. Anyone considering a defective products case should be carfeful not to alter, destroy or sell the thing that malfunctioned or failed and caused the injury or death. The defective product itself, well preserved, is the best evidence, and without it, the case is bound to fail.
If you or a loved one is ever injured by a product you consider defective, dangerous, or that malfunctioned, be sure to carefully preserve the product, without opening it, taking it apart, or otherwise altering it. Instead, call a qualified New York products liability lawyer. He or she will then have the product preserved and examined at the appropriate time with all the appropriate experts and liable parties present.