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Old 06-14-2009, 01:23 PM   #336
Nadia
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Quote:
Originally Posted by VtSteve View Post
While I'm certain it was terrifying Nadia, I haven't seen anything to indicate that this particular thread involves and boat problem
I don't completely understand what you mean VtSteve but I will try to respond as best I can. One thing I concluded when I read this thread was that two different owners of a similar model or style Cobalt brand boat had experienced serious problems when a similar part or area of both of these boats malfunctioned. I drew my conclusions based on the information provided by boatguy_64 & mpeterson in this thread.

Quote:
Originally Posted by VtSteve View Post
It looks like they hit a wave or two, took on water, and sunk.
This type of speculation was not all that important to the point I was trying to make BUT I noticed you are only making reference to one incident. In this thread, two different members describe the specific details of each of their incidents. Although some of the details leading up to the failure they describe are different (i.e. their speeds) , they have both come to the conclusion that their accidents were caused by a design or structural flaw. How they came to this conclusion is described in their posts. For instance boatguy_64 says the dealer mentioned the hull being the problem. mpeterson's post is very, very detailed. However it happened...they both describe a problem which I theorize is very possibly a major structural problem that:

A) Cobalt is most likely aware of
B) Has caused others similar harm by malfunctioning in the same way

Quote:
Originally Posted by VtSteve View Post
I've not read anything that indicates this is a Cobalt problem, or any particular boat design problem.
Neither have I. However, this is not enough evidence to keep me from believing that it is not a Cobalt problem that Cobalt is not aware of. Furthermore if my theory and it's data and correct, it is highly unlikely you would read anything that said: "This indeed is a flaw in the design of this model Cobalt boat that given the right conditions said flaw will cause a mechanical failure in a specified area of the boat. In turn leading to the possiblity of serious injury or even death to any passengers". Reasons why you will probably never read anything like this are mentioned in my post above yours, but I would be happy to list them again:

A) Any lawsuits regarding this flaw causing harm or death to people are more than 75% of the time willingly settled outside of Court. Manufacturers will pay up if they (their lawyers) feel they may be brought to Court.

B) Litigants & Attorney's in lawsuits settled outside of Court are not obliged to disclose the amount or details of settlement. In fact, just like APS mentioned they are usually under strict order not to do so, ever. Major consequences can follow any breach of this order.

C) Settled lawsuits do not become case law or precedent. There could be 20 Attorney's & Plaintiff's bringing suit against Cobalt at the same time for the same exact reason, yet there is no case law for their Attorney's to refer to.

D) Settling a lawsuit is not an admission of guilt on behalf of the manufacturer. More or less an admission of responsibility for that specific incident only. So even if you were to read about one that made it to Court, it would not put up a red flag. Only when it happened frequently would you or I pick up on it. But by the time one or two seperate incidents make it all the way to Court and start to blow their cover, the company will usually recall the product and fix it, what they should have done in the first place before things get way too out of hand and end up like the company did in the movie Erin Brocovich. However, it was cheaper for them to gamble with people's lives instead. AND:

D) Not all their flawed products will malfunction, cause injury or cause death.

Quote:
Originally Posted by VtSteve View Post
I would think the comments about such things should either be qualified, or in a different thread altogether. I read the comments re:design and failure. It's like linking an auto accident where a Ford Explorer hits a tree to the old Firestone tire problems.

Feel free to add anything that may enlighten me here.
You are entitled to your opinion and I respect it 100% on the same token I think you are misunderstanding me. Before I explain that, I wonder what you mean by qualified? Interpretations could be different. Maybe you mean proven or substantiated. If that's the case, in my theorizing I have explained several reasons why this usually does not happen. Definitive links between similar cases or manufacturers admissions of flawed products are hard to come by because of the reasons I listed in A-D.

I am not implying Cobalt is at fault. The only thing I am implying is that it's possible they know very well about a flaw in one of their boats design that they are marketing. They possibly know this flaw can cause serious injury as well as death. They are possibly concealing this info for many reasons that almost always come to down to money. It's cheaper for them to settle the lawsuits outside of Court then to recall all the boats and fix them. It has been done before and it will continue. That's pretty much all I'm saying. I hope I answered your question
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