Boren

BACKGROUND

Carbon monoxide is hard to detect because it is colorless, odorless and tasteless, but it is present in sufficient amounts near a boat’s exhaust pipe to cause unconsciousness and even death. Correct Craft ski boats featured inboard engines with exhaust ports at the back of the boat directly beneath a “swim platform” or “boarding platform.” Correct Craft’s owner’s manual warns, “Carbon monoxide is poisonous. Excessive exposure may cause injury or death.” Emissions directly from the tailpipe of a production ski boat can be as high as 14,000 parts per million (ppm). Emissions near a swim platform with an engine idling can be measured in the range of 5,000 to 10,000 ppm. An exposure of 1,200 ppm can render a person unconscious in two to five minutes. Manufacturing guidelines established by the American Boat and Yacht Council recommend that occupants of boats not be exposed to carbon monoxide emissions exceeding 125 ppm over a five-minute period. Boren initiated class action litigation alleging that she and others bought Correct Craft boats equipped with a hot- and cold-water shower system known by Correct Craft

2 to be dangerous when used as designed. She alleged that the…