Recently, a federal appellate court issued a written opinion in a personal injury case that illustrates an important point to those who have been injured in a Maryland boating accident and believe their injuries were due to the inadequate warnings or defective construction or design of the vehicle. The case required the court to determine if the plaintiff’s case against the manufacturer of a personal water craft (PWC) was sufficient as a matter of law.
Ultimately, the court concluded that the plaintiff’s case was not sufficient because it relied wholly on expert testimony that was found to be inadmissible at trial.
The Facts of the Case
The plaintiff was riding as the fourth passenger on a PWC that was being operated by a 10-year-old child. At the time, the plaintiff had consumed some amount of alcohol, although it was unclear as to her level of inebriation. The plaintiff was wearing a bikini and was not wearing a wetsuit.