A married couple from Louisiana has taken legal action against a Canadian corporation over the purchase of a defective watercraft. On July 12, 2024, Joshua D. Brown and Lacee K. Brown filed a complaint in the United States District Court for the Western District of Louisiana against Bombardier Recreational Products Inc. (BRP).
The Browns' lawsuit centers on their September 16, 2022 purchase of a new 2022 Sea-Doo Switch Sport 18 watercraft from Loewer Powersports in Alexandria, Louisiana. They allege that the Sea-Doo was riddled with defects from the start, including issues with its trailer tire, Bluetooth system, depth finder, battery, and engine among others. The plaintiffs claim these defects have substantially impaired the use, value, and safety of the watercraft. Despite multiple repair attempts by authorized facilities, the problems persisted.
According to the court filing, BRP failed to honor implied warranties that guaranteed the Sea-Doo would be free of defects and fit for ordinary use. The Browns also argue that BRP's repeated unsuccessful repair attempts constitute negligent repair under Louisiana law. "Plaintiffs have been deprived of possession of the Sea-Doo for an excessive period due to it being in the shop," states the complaint.
The plaintiffs are seeking several forms of relief from the court. They request rescission of the sales contract and return of their purchase price totaling $50,817.79 along with collateral costs such as finance charges and insurance premiums. Additionally, they seek general damages amounting to $30,000 for mental anguish and inconvenience caused by BRP's failure to perform its obligations under Louisiana Civil Code Article 1998. They also demand reasonable attorney’s fees estimated at $25,000 under Louisiana Civil Code Article 2545.
The case is being handled by Fred A. Pharis of Pharis Law Offices in Alexandria, Louisiana. The case ID is 1:24-cv-00937.