Damages for widow whose husband's lifejacket CAUSED his drowning

Dudess

What a horrifically sad story:

Evening Echo (Cork) wrote:

The widow of a man who drowned as a result of a defective lifejacket was awarded over €500,000 in damages yesterday as the High Court judge criticised the manufacturers.

Mr Justice Paul Butler suggested that a criminal prosecution for reckless endangerment might be brought and suggested that the appropriate regulatory authority should investigate the matter further.

The judge reserved his strongest words for the fact that there was never a product recall as a result of the defect in the Baltic 150 Winner lifejacket.

“There is further uncontraverted evidence that the defect was in the design of the non-return inflating valve. There was no recall of the Baltic (150 Winner) lifejackets. Clearly lives are at risk because of the defect. I wonder was it the decision of some desk-bound bean-counter to save costs by not ordering a recall?” the judge said.

Referring in particular to the death of Jack Sweeney, aged 64, on the morning of August 18, 2003, the judge said: “The death of the deceased was not merely not prevented by the use of the lifejacket but was caused by its use. He might well have survived had he not been wearing the lifejacket.”

The jacket was purchased from the first defendant, CH Marine Ltd and manufactured by the second defendant, Baltic Safety Products AV of Sweden, both defendants accepting liability in court this week.

The manufacturers of the valve, Halkey Roberts Corporation, have been joined as a third party for a future court action against them by the first two defendants.

Jeremy Maher, senior counsel for CH Marine and Baltic, responded to the judge’s remarks.

Mr Maher said: “No lifejackets with the same valve as fitted into the jacket (worn by the deceased) have been sold for five years. The last jacket made with a valve of the same nature was in June 2003.”

Mr Justice Butler said he was glad to hear from Mr Walsh SC that the manufacturers were in contact with the European Commission in relation to the issue of the valve. However, he added, “I hope the last one made in June 2003 is not sitting on someone now.”

Michael Gleeson, SC, said the plaintiff’s legal team, instructed by Fachna O’Driscoll, solicitor, purchased a lifejacket in the last few weeks “and the valve seemed to be the same".

Mr Gleeson said before the judgement that the defendants had never apologised to the plaintiff.

Mrs Sweeney said afterwards: “Mr Justice Butler has highlighted the negligence of the jacket. That has been a comfort to me.”

Mrs Sweeney, aged 69, of Castle Road, Blackrock, Cork, recalled during the four-day civil trial how she witnessed the death by drowning of her husband Jack Sweeney on the morning of August 18, 2003.

The poor woman needs constant care now as she has what seems to be post traumatic stress disorder, brought on by witnessing her husband's drowning and hearing his screams for help.

Was it just a horrible freak accident or has this been known to happen with other supposed life-saving equipment? I've heard of the dangers of airbags all right but never lifejackets...

oblivious

considering the necessity for life jackets they real should have do a call back, shame on them :mad:

Sherifu

"There is further uncontraverted evidence that the defect was in the design of the non-return inflating valve. There was no recall of the Baltic (150 Winner) lifejackets. Clearly lives are at risk because of the defect. I wonder was it the decision of some desk-bound bean-counter to save costs by not ordering a recall?" the judge said.

They should be put out of business.

Red Hand

There must be still some of those things out there. They'll surely have to do a recall on them now?

oleras

In fairness, this is a consumer issue. Bargain alerts at a stretch when they sell them off..................;)

Run_to_da_hills

Life Jackets should be treated with utmost seriousness like any life saving devices in par with fire extinguishers, life belts and severe penalties should be inflicted on any breaches. This accident was uncalled for and 500k wouldn't replace a life. On a different note, a mate of mine cut the inflated collar off his lifejacket back in the 70ies because it was uncomfortable while sailing, he almost got suspended from the Junior section of Dunlaoghaire national Yacht club.