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Yamaha Defective First Generation Four Stroke Outboard Class Action Lawsuit

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San Francisco, CA: An amended defective products class action lawsuit has been filed against Yamaha. The amended complaint has added class representatives and causes of action to the class action lawsuit filed in California against Yamaha in regard to alleged defects in the Yamaha First Generation Four Stroke Outboard motor.

Reich & Binstock Of Counsel Debra Brewer Hayes and other attorneys jointly filed the amended complaint September 5 at US District Court for the Central District of California in the case of Williams et al. v. Yamaha Motor Co. Ltd. et al. (Case No. 2:13-cv-05066-BRO-VBK). The complaint cited an "inherent design and/or manufacturing defect"that caused corrosion buildup that "forced owners such as Plaintiffs … to undergo significant repair or replacement of the internal corroded parts."

The class representatives claimed that although they followed recommended maintenance schedules, internal corrosion resulted in significant repair or replacement costs after as few as 380 hours of use; nevertheless, allegedly Yamaha, citing warranty expiration, failed to replace or to repair plaintiffs' motors.

The class is headed by namesake plaintiff and Seattle resident George Williams, who used his outboard for a relatively scant 650 hours, from September 2003 to November 2011, before internal corrosion allegedly caused an oil leak. He paid a repair invoice totalling $3,011.91.

One of the new class representatives is Goldsboro, NC, resident Lorenda Overman, who operated her Yamaha F-Series motor for only 512 hours between 2005 and 2011. In September 2011, according to the complaint, a "'rotten' exhaust tuner and a hole in the exhaust housing"and other corrosion damage was too much for her F225, which overheated and failed at sea near Cape Lookout Lighthouse near Core Banks, N.C. Overman and her guests had to be rescued at sea, indeed towed back to shore, and she wound up paying a repair bill totalling $3,118.44.

New plaintiff Gerald Chiariello of Glen Cove, NY, used his Yamaha outboard for a mere 380 hours between May 2006 and March 2012 before he removed the engine' lower unit and allegedly discovered, according to the complaint, "complete corrosion all the way through the exhaust chamber,"which cost him $2,574 worth of repairs.

Having purchased his Yamaha First Generation Four Stroke Outboard motor in September 2010, new plaintiff Charles Pencinger of Rowley, Mass., inspected his motor in March 2013 after he read Internet discussions about defects, as Chiariello did. The corrosion-related repairs cost Pencinger $3,908.63.

The most exorbitant horror story belongs to new plaintiff Steve Oetegenn of San Marcos, CA, who claimed that he kept his two 2004 and 2006 model year outboards properly maintained after he purchased them from the first user with extended warranties intact. By the time Oetegenn discovered the corrosion, he had used his outboards for only 500 hours. He found out about the problems during a 2012 sea trial during which he was about to close the sale of his boat. Smoke rose from one of the engines, and after Oetegenn took both engines to be serviced, he learned that both corroded so severely that the repair costs would be about $20,000. He elected to pay $31,337.62 for two new F225 outboards. Oetegenn' claims are contained in the complaint.

In addition to violations of a federal warranty statute and breach of state express and implied warranties, the complaint alleges that the motor company violated California' Consumer Legal Remedies and Unfair Competition statutes. Causes of action added by the amended complaint include Yamaha' alleged violations of the Massachusetts Consumer Protection Act, the New York Generation Business Law, the North Carolina Unfair and Deceptive Trade Practices Act and the Washington Consumer Protection Act. The complaint demands a jury trial.

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Reader Comments

Posted by

on
I have a 2004 Yamaha F200 TXRC with less than 400 hours. Purchased new in 2005 this outboard has had all scheduled maintenance and after each outing, the motor has been thoroughly flushed. Visually, the outboard looks new.
This past month, I was having routine maintenance on the motor when we discovered a hole had developed in the power head. Water was spraying out from this location.
My marine mechanic tells me that the power head has deteriorated from the "inside-out" and that there may be other internal problems.

Posted by

on
I have a 2004 Yamaha F200 TXRC with less than 400 hours. Purchased new in 2005 this outboard has had all scheduled maintenance and after each outing, the motor has been thoroughly flushed. Visually, the outboard looks new.
This past month, I was having routine maintenance on the motor when we discovered a hole had developed in the power head. Water was spraying out from this location.
My marine mechanic tells me that the power head has deteriorated from the "inside-out" and that there may be other internal problems.

Posted by

on
I tried for several years to get a response from Yamaha regarding the malfuction of one of their products. In my case the Rhino, which almost caused us to get into a very serious accident. I never got a response from them.

Posted by

on
I have a 2005-6 f115txr outboard from yamaha which had a catistrofic failure at 425 hrs. This motor was serviced every 6mo. by my self with yamaha certified products. Including ring free for gas additive. Never was the work done after the hrs clock passed recommended service times , While I am not a certified yamaha dealer/ service representative I have skill levels which allows me comfort that all work done by me was up to standards. Living on an Island gives you a self reliant personality . After speaking with a customer service rep. and having him ( un named for now) tell me that I was 6 mo. outside my date/time warrantee . And since service work was not done by their network of money takers that Yamaha has no responsibility for this motor . Having some inside tracts to yamaha, I was able to have a friend / service person go to bat for me . Should be noted that the dealer from whom I bought went out of business so selling party representative was not available to me .
After tearing down the powerhead the cylinders were worn well beyond tolerances . While yamaha was not able to tell me why my motor wore out in 425hrs but they were sure it was not their fault because people get thousands of hours on their motors.
Since I have rebuilt the motor with a Jasper Engine rebuild long block to the tune of 5000.00 dollars . I again am experiencing problems. Since I have done the work myself I think I have some insights that others may not have looked at . More to come .

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