Earlier this year, juries in three separate wrongful death lawsuits heard in a St. Louis courtroom awarded victims’ families more than $25 million following a 1999 boating accident on Lake of the Ozarks in Missouri. Four persons aboard a 1987 Silverton 40 equipped with a Kohler 7.5kw generator were overcome by CO.

Investigators found that the generator’s exhaust tube, made of black iron, had deteriorated from the inside out. While its outer surface appeared intact, the tube was damaged badly enough to allow exhaust gases to escape into the boat’s cabin. The part, a pipe nipple that threads into the exhaust elbow, is used only on Kohler’s 7.5kw model, was original to the generator and is located in an area difficult to reach and inspect.

The Missouri deaths were not the first CO poisonings caused by the failure of this part. It was also involved in the deaths of two people in Seattle in 1986 and two others in Texas in 1995. After a lawsuit following the Texas deaths, Kohler issued a service bulletin to dealers, but boat owners weren’t warned directly. Manufacturers’ service bulletins are usually directed only at dealers and repairs are implemented only when owners complain about the problem outlined in the bulletin. Usually, owners pay for those repairs.

Testimony by a high ranking Kohler employee during the St. Louis trials this year revealed that members of the company’s legal, marketing and customer service divisions were well aware of and discussed problems associated with the part as far back as 1985 and 1986. In fact, the company employee testified that while on service inspections throughout the country he observed parts that had failed or were near failure. Black iron is prone to degradation when exposed to saltwater and hot, highly acidic, exhaust gases.

When the Kohler 7.5kw generator model was introduced in the late 1960s, the specifications called for a brass exhaust tube, costing about $8 more than its black iron counterpart, according to the plaintiff’s attorney in the Anderson case. He said the company apparently switched to the cheaper part “for cost cutting reasons,” adding that the black iron parts have a 16% to 23% failure rate.

In 1988, possibly because of the Seattle accident, Kohler began installing stainless steel pipes on new generators. But, the black iron part was still offered for sale as a replacement part for 10 more years. In court, the Kohler representative testified that at least 200 had been sold to replace deteriorated parts. Generator owners were not advised of any need to upgrade their exhaust systems when Kohler switched to the improved stainless steel part.

“It’s all about money,” said Ed Hershewe, the attorney who represented the family of Robert and Lois Anderson of Joplin, MO, owners of the Silverton. The Andersons, along with John C. Harris and Robert Stein, died in the accident.

Hershewe told BoatUS that money was also an issue when it came to warning the public. “Kohler didn’t send out warnings because they would have to pay for recall repairs,” which could amount to thousands of dollars per boat, he said.

Court documents make no mention of the U.S. Coast Guard’s recall authority, perhaps reflecting the reality that manufacturers, not the Coast Guard, often are the ones to decide whether to initiate recalls. The result? “The Andersons used the boat, not knowing that the exhaust part was dangerous,” Hershewe said. “There’s no way you’re going to be able to tell the part is defective without disassembling the whole system,” he added.

Even so, because Robert Anderson performed some maintenance himself, the jury hearing the case found that he was 30% responsible for his own death. Apparently, the jury believed that, because he was doing his own work, he should have realized there was a problem.

The Kohler employee testified that Kohler was aware their generator exhaust problems are similar to exhaust system failures involving Onan MCCK generators installed on boats built in the 1970s and 1980s. Testimony in lawsuits against Onan showed that at least nine people died and as many more were badly injured as a result of carbon monoxide poisoning. Onan, like Kohler, took no action nor did they initiate a recall to correct defects in generators already installed on boats. Onan did, however, did eventually issue service bulletins and later general public safety statements about carbon monoxide.

Because the affected Kohler generators are well past the federal recall statute, which was only recently extended to 10 years, the U.S. Coast Guard can not compel the manufacturer to recall the units for inspection and make repairs at no cost to owners. The statute was extended, despite opposition by the marine industry, after a series of highly publicized carbon monoxide poisonings on houseboats.

However, the Coast Guard can issue warnings, notifying the boating public of potential hazards, as well as monitor the manufacturer’s actions. A Coast Guard spokesman told BoatUS that they’d received one report of Kohler generator exhaust leaks in 1982.

Carbon monoxide is called the “silent killer” for good reason. Exposure to low levels of the odorless, colorless gas can result in symptoms that mimic seasickness: nausea, headache, dizziness and drowsiness. Exposure to higher concentrations results almost immediately in disorientation and unconsciousness. Prolonged exposure ends in death or severe brain injury.

Boat owners are advised to perform regular inspections and maintenance on gas burning generators and engines, including exhaust systems. A threaded pipe in good condition has sharply pointed threads; one corroding from inside might have dull or rounded threads, or threads party filled in with rust. If so, the pipe should be removed and thoroughly inspected. Hire a marine surveyor or engine mechanic if necessary.

Carbon monoxide detectors should be installed in all enclosed living spaces. And, ventilation of fresh air into cabins, even when air conditioners or heaters are running, is essential.

(c) Copyright BoatUS Magazine, July 2003

July 1, 2003: Kohler has voluntarily initiated a campaign to replace the black iron wet exhaust pipe assembly on specified Kohler marine generator sets. Carbon monoxide poisoning may result from failure of the black iron wet exhaust pipe used on these generator sets. They will replace the black iron assembly with a stainless steel exhaust tube. Contact an authorized Kohler dealer or call Kohler at 866-866-4933 or from outside the U.S. at 920-803-4986. Information is also available on the Kohler web site at http://www.kohlerpowersystems.com.

1950 to 1989 Marine generator sets, equipped with L600 or L654 gasoline engines under the following model numbers: 2R, 2A, 2.5R, 2.5A, 3.5R, 3.5A, 4R 4A, 5R, 5A, 6.5R, 6.5A, 7.5R & 7.5A