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Products Liability Keyed Owen, 8th Ed.
Calhoun v. Yamaha Motor Corp.
Citation:
350 F.3d 316 (2003)Facts
In June 1989, twelve-year-old Natalie Calhoun was vacationing with her friend’s family at the Palmas del Mar resort in Puerto Rico. Natalie and her thirteen-year-old friend Melanie rented a Yamaha WaveJammer jet ski from a beach concessionaire named Samuel Roffe. The jet ski had a warning that the minimum recommended age for operation was fourteen. After Melanie’s uneventful ride, Natalie, who was initially hesitant, decided to ride as well. Roffe asked if she was fourteen, and she said yes. During her ride, Natalie struggled and fell off while attempting to turn. After remounting, she made a sudden turn, planed at high speed across the lagoon toward an anchored boat, and crashed into it. She died from massive head and neck trauma. The Calhouns sued Yamaha, alleging that the jet ski’s “squeeze finger throttle” design was defective because it resembled a bicycle brake and could be accidentally activated in stressful situations. They also claimed the warnings were inadequate, particularly regarding age restrictions.
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