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All the comments on lawsuits are pretty much baseless. When a new outboard motor is sold it will invariable comply with the 10% rule.

Throughout the history of engines buyers have always found ways to improve the engine performance. If one adds performance enhancements to an engine and the platform in/on which the engine is installed is involved in an accident is the owner liable for the resulting damage because the engine performance has been enhanced? I won't say definitely no but I challenge our members to cite a single example where such was the case.

As to the discussion of a basic Mercury outboard outputing various different outputs at different price points one need look no farther than the different ECUs installed in the different engines. BTW, Mercury does not make it easy to obtain a ECU different from the original for their engines.