@swbca
I understand that. But a lot is being conflated between the news stories and the posts herein, some of which are seemingly just flat incorrect (if the reporting is accurate). But I can’t keep from responding since I’m a former Response LX owner and interested in some of these issues.
Your Prostar is similar of course, but still not quite the same as a Response LX. Unless I’m forgetting about a prostar era, the Response LX is unique in that in a bow swamp, water can’t move (quickly) to the stern because there is no walk-through. Nonetheless, you’re aware of how your boat drives, its limitations, and its dangers. MOST owners (or drivers) are. I still own a Response built in the era of the boat involved (closed bow now though :) ). The DISTINCTION IS: you, I, and many with years of experience appreciate those dangers. That was not the case here, which is precisely why there are duties to warn people who have no other way of knowing. While the verdict would have likely been much different if one of “us” were driving, ask yourself, is it really that unreasonable for a sober adult to have 3 very young kids in a bowrider and (reportedly) cross your own wake at 10 mph? We as a group might have handled things different, but it’s not like the description of what took place was in any way reckless or egregious, or for that matter in any way not totally predictable use by an owner or renter. And yet, here we are, unfortunately. I’m sure the boy’s parents would rather just have him back.
As to your Audi analogy, if Audi’s engineers were deposed about an RS7’s top speeds, rest assured they’d have answers about their testing and why the limits are what they were. Product liability does not arise simply because a product can be dangerous. However, the more appropriate analogy would be a 7 year old boy killed by a an RS7 towing a trailer using a factory available hitch at the speed limit if Audi had not provided information from which owners can appreciate that which Audi engineers think they can safely tow. The paradigm is a little different there, isn’t it?