Products Liability Law Reporter

In May 2015, Michael Thabet and his father, Magdy Thabet, rented a 2014 Yamaha WaveRunner and were operating it on the Colorado River. John Envieh was operating a rented 2012 Yamaha WaveRunner VX Sport. Envieh pressed the jet ski’s stop button to slow down and avoid a crash, and this disabled the jet ski’s steering. The two jet skis collided. Magdy Thabet, 59, suffered serious injuries and died 10 days later. He is survived by his wife and five adult children.

They sued Yamaha Motor Corp., alleging that the 2012 WaveRunner was defective in that it lacked a braking mechanism. The plaintiffs asserted that there was a safer alternative design available. Suit also named Envieh.

The jury awarded $5 million. It concluded that at the time Yamaha had sold the 2012 WaveRunner, there was a reasonable, safer alternative design available but that the absence of that design did not render the WaveRunner unreasonably unsafe. The jury apportioned liability at 75% to the watercraft rental company and 25% to Envieh.

Citation: Thabet v. Yamaha Motor Corp., No. BC635250 (Cal. Super. Ct. Los Angeles Cty. May 27, 2022).

Plaintiff counsel: Donald G. Liddy, Pasadena, Calif.