Anne Bucher  |  August 1, 2013

Category: Legal News

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Yamaha class action lawsuitTwo plaintiffs have filed a class action lawsuit against Yamaha Motor Corp. USA, alleging that the company manufactured outboard boating motors with a defective aluminum coating that are susceptible to corrosion and premature engine failure.

Florida residents Clifton Mitchell and Keith Johnson filed the Yamaha boat motor class action lawsuit on July 22. They allege that Yamaha should have known about the motor defect and taken steps to provide a remedy for customers who were affected by it.

The proposed members of the Yamaha boat motor class action lawsuit include Florida residents who bought a model year 2000-05 Yamaha first-generation F-Series four-stroke outboard motor for their personal use. The plaintiffs claim that because Yamaha failed to fix the problem with the motor, the Class Members have been forced to either pay thousands of dollars to repair the defect or be stuck with a defective motor that they never would have purchased had they known about the flaw.

Mitchell and Johnson purchased boats with the Yamaha F-Series motors from a boat dealership in Pensacola, Florida. Both plaintiffs were informed about the motor corrosion after they had their boats inspected after approximately 650 hours of recreational use. It cost Mitchell approximately $7,000 to repair the motor, while Johnson experienced close to $3,800 in repair costs.

In their class action lawsuit, the plaintiffs claim that there is either a design or manufacturing defect in the coating on the aluminum exhaust components. They claim that this coating allows hot gasses to corrode the exhaust passages, eventually creating holes in the passages that cause engine problems or failure.

The plaintiffs claim that the expected life of a motor made by a major manufacturer like Yamaha is several thousand hours of usage before failing or requiring significant repairs. According to the class action lawsuit, the affected Yamaha motors sometimes only 500 hours before failing.

The affected Yamaha motors came with a three-year warranty. However, because these motors are marketed for recreational use, most users only average about 100 hours of use per year. As a result, the warranty usually expires before the customer experiences problems with the motor. Because the affected components are within the dry exhaust system, the corrosion takes place within the fully enclosed engine housing and is not visible. Therefore, boaters are unaware that the damage exists until they experience engine problems.

The plaintiffs in the class action lawsuit allege that standard engineering tests should have revealed the motor defect to Yamaha during the design or manufacturing stage of production. Despite receiving numerous complaints about the defect, Yamaha failed to take steps to fix the situation. While Yamaha has changed the coating and created a kit to repair the defect, the kit alone costs $650 and will cost thousands of dollars to implement, the class action lawsuit says. The plaintiffs claim that Yamaha did not notify its customers about the defect or issue any service bulletins or recalls. The class action lawsuit accuses Yamaha of negligence, product liability, and violating the Florida Deceptive and Unfair Trade Practices Act. The plaintiffs have requested a trial by jury.

The plaintiffs in the class action lawsuit are represented by Peter J. Mougey and James Kauffman of Levin Papantonio Thomas Mitchell Rafferty & Proctor PA, and by Steven R. Jaffe and Mark S. Fistos of Farmer Jaffe Weissing Edwards Fistos & Lehrman PL.

The Yamaha Boat Engine Coating Class Action Lawsuitis Mitchell, et al. v. Yamaha Motor Corp. USA, case number 3:13-cv-00417, in the U.S. District Court for the Northern District of Florida.

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94 thoughts onClass Action Lawsuit Targets Yamaha Boat Motor Defect

  1. Alan Kennedy says:

    Please contact me regarding a posible new suit in Florida under the Florida deceptive and unfair trade practices act.

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