A Kona attorney who filed a lawsuit after a 10 year-old boy lost his thumb in an efoil accident wants to get the word out to others on the dangers of the battery powered board.
An efoil is an electric powered board equipped with a mast and wing. The board lifts up from the water after achieving certain speed, creating the effect of “levitating”. Unlike traditional foil boards, efoils do not need the power of waves to rise above the water since they arepowered by a battery and propeller. The efoil in this case had an anodized aluminum uncaged and unprotected outboard propeller – attached to the sunken foil portion of the board.
The lawsuit alleges negligence from the manufacturer, Wefoil, that is engaged in the design, manufacture, and sale of electric hydrofoil surfboards on Hawaii Island. Also named as a defendants are Harbor Marina Investments, Inc. and Nami Production Hawaii LLC. who provided the board for the minor to use in waters outside Honokohau Harbor on October 24, 2021.
“The first time he tried it he fell and severed his dominant hand thumb. It was literally ground up in the propellor that didn’t stop when he fell,” said Jeffrey Foster who has filed the lawsuit on behalf of the minor and his mother.
The keiki’s name is not being released because of his age.
“It was supposed to stop, but it kept on going. It almost severed an artery that would have killed him,” said Foster.
Shortly after the keiki began to operate the Wefoil Trident, he was thrown from the board. Without any warning, the Wefoil Trident turned on its side and his right thumb became lodged in the board’s exposed anodized aluminum propeller, which was still operating under power, the lawsuit states.
The young man was taken to Kona Community Hospital and subsequently airlifted to Pali Momi Medical Center in Oahu.
Unfortunately, the surgeons were unable to save his thumb as it had been shredded by the Wefoil Trident’s propeller.
The youth was an experienced surfer who had won several competitions in his age class.
The lawsuit states that according to the Wefoil website, the Wefoil Trident is “for complete beginners to seasoned experts” and “works well for everyone from Kids and elders to seasoned experts.” A check of the current website, the manufacturer states “As a USCG registered manufacture we’re proud to offer a wide range of vessels that not only improved upon what’s currently available to the market for beginners, but also caters to advanced efoilers looking to make it into the ‘formula one of efoiling’.” There are currently no products available for sale on Wefoil’s website.
“Due to the likelihood of falls and inherent dangers of an exposed, unprotected propeller, other manufacturers have encased the propeller or propulsion device in a protective housing to prevent direct contact with the rider. However, the Wefoil Trident does not incorporate any such propeller protection. Rather, the manufacturers of the Wefoil Trident made the decision to utilize an anodized aluminum outboard propeller that is completely exposed,” said Foster.
“I have been getting calls and emails from around the world with people who have lost fingers, kids, adults, people who try these things and fall off,” said Foster, noting complaints he received about the efoils were manufactured by several different companies.
Foster said it is the propellor designs that make them dangerous.
“There is actually more than one design of these. One is jet propulsion, so there is no exposed propellor like there is on the one my client fell from. There are various manufacturers who have now created an essentially propulsion systems that don’t involve any exposed propellor. It’s more like a jet ski,” Foster explained.
Foster’s claim is the entity that rents ocean sports equipment at Honokohau Harbor gave his client the board without any instruction or warning.
“This product had been marketed as safe for everyone. No experience necessary,” Foster asserted.
He said the main motivation for the family to file this lawsuit was to get the word out about the lack of safety protections on these boards.
“If this is going to happen to a champion surfer, imagine what it’s going to do with folks who have no experience on a board,” he said.
A bill was introduced in the 2021 legislative session that would have regulated efoils in Hawaiian waters. The measure was deferred.
In October 2022, the U.S. Coast Guard had issued a new policy letter for requirements regarding e-foils and jetboards. Notable information from the policy letter concerns equipment that persons are required to have when operating an e-foil/jetboard including “all manufacturers of e-foils and jetboards must comply with engine cut-off switch (ECOS) requirements or receive an exemption from the U.S. Coast Guard. If an e-foil/jetboard is equipped with an ECOS, the operator must also comply with state and federal requirements concerning an ECOS.”
“This wasn’t a situation like perhaps in other cases where we are trying to negotiate for a monetary settlement,” said Foster. “This lawsuit was filed to get the word out, to alert other people that these are not safe. Let’s get the word out so no other kid, no other adult no one period is going to suffer this type of trauma. He is such a brave young man. You can imagine the emotional component with the disfigurement. He is a warrior.”
Attempts to reach Wefoil for comment were unsuccessful as of press time Friday.
A date for a jury trial in the Third Circuit Court has yet to be set.
