Jet Ski Accident Leaves Woman With Severe Vaginal And Anal Injuries

A Georgia plaintiff filed a product liability lawsuit against Kawasaki after she suffered vaginal and anal injuries in a terrible jet ski accident. Recently, the 11th Circuit in Georgia affirmed a $1.5 million judgment against Kawasaki for the injuries suffered by the plaintiff. According to the lawsuit, the 21-year-old woman was riding as a passenger on a jet ski when her friend hit the accelerator. The plaintiff was not holding on to the jet ski and was not expecting her friend to accelerate. She fell off the jet backwards and water thrusted through the nozzle in the back of the jet ski tearing through her vaginal and anal cavities. Subsequently, the plaintiff required 19 surgeries to repair the damage but was left with lifelong injuries. She must now wear a colostomy bag and self-catheterize for the rest of her life.

The plaintiff filed a lawsuit against Kawasaki, in part, arguing that the use of a rotating seat would have prevented her from falling off the back of the jet ski. Kawasaki filed a motion to exclude the expert witness on the grounds that he had not done enough testing on the rotatable seat design. The judge, in this case, disagreed with Kawasaki’s position and allowed the expert witness to provide his testimony to the jury. The court did, however, exclude some of the expert witness’s testimony on other reasonable alternative designs including an engine cut-off switch and fixed handles.

In this case, the jury awarded the plaintiff $3 million for past and future medical expenses based on the argument that the Kawasaki’s design was intrinsically dangerous. The jury failed to award the plaintiff any damages for pain and suffering, which seems odd given the circumstances. Kawasaki was found not liable for failing to warn customers about the potential dangers involving their jet skis. The jury also found that the plaintiff was 50% liable for her own injuries which effectively cut her jury award in half. The jury awarded her a total of $1.5 million.

Comparative negligence in this lawsuit 

The jury found that Kawasaki was liable for an intrinsic design defect in the jet ski. They also found that the plaintiff was liable for her own injuries for failing to hang onto the jet ski while she was on it. In other words, Kawasaki was found to be 50% responsible for the plaintiff’s injuries while the plaintiff herself was also found to be 50% liable for her own injuries. In a case like that, the plaintiff’s jury award would be reduced by her percentage of the blame. In this case, it took a $3 million jury award down to $1.5 million in total damages.

Talk to a Jacksonville, FL Personal Injury Lawyer Today 

The Jacksonville personal injury lawyers at Gillette Law represent the interests of those injured by dangerous or defective products or in jet ski accidents. Call our office today to schedule a free consultation and we can begin discussing how you can recover damages related to your medical expenses, lost wages, and reduced quality of life.

Source:

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