Propeller Guard Information Center

Archive for BARD

The Storm Lake Iowa Laass v. Brunswick case has focused attention on boats and marine drives striking submerged or floating dredge pipes / dredge lines. In the Storm Lake accident, a ten year old boy, David Paul McFarlin was killed on May 31, 2010. A 175 HP Mercury outboard struck a submerged dredge pipe, flipped back up into the boat, and the boy was killed by its propeller.

We started looking for a list of similar “struck dredge pipe” accidents and were a bit surprised not to find any such list. We thought it might especially exist over in the dredge safety literature, but found no such list there either. We found some dredge safety studies, but they focused on the safety of dredging employees, not boating safety.

In the absence of a list, we started making one ourselves. Earlier, when we started making a list of outboard motors that had flipped into boats, we jotted down several U.S. Coast Guard Boating Accident Report Database (BARD) accident numbers for dredge pipe strike accidents. We went back and fleshed out those accidents into a spreadsheet format including the basic statistics surrounding those accidents.

We also checked some media (news) reports, boat forums, and other online sources for additional boat or outboard motor or stern drive struck a floating or submerged dredge pipe accidents. We found almost countless reports online, but few of them are well documented, so we left them off our list. It looks like these accidents happen much more frequently than they are reported to BARD.

The spreadsheet below summarizes our findings. You can download a pdf of the spreadsheet that includes additional columns of data by clicking on it. It is best viewed on a 24 inch or larger monitor. Read More→

The Storm Lake Iowa Laass v. Brunswick case has focused attention on outboard marine drives striking submerged objects and flying back up into the boat. In the Storm Lake accident, a ten year old boy, David Paul McFarlin was killed on May 31, 2010. A 175 HP Mercury outboard struck a submerged dredge pipe, flipped back up into the boat, and the boy was killed by its propeller.

First, a point of clarification. The U.S. Coast Guard does not recognize accidents in which people are on boats or otherwise not in the water when they are struck by propellers as propeller accidents, so this is “officially” not a propeller accident.

Marine drive manufacturers use relief valves and check valves in the trim systems of stern drives and larger outboards to cushion the blow and absorb the energy of striking submerged objects. The relief valves allow the cylinder rod to extend (drive to swing up as it dissipates energy), then the check valves allow the cylinder piston to settle back down to a “memory” piston. Mercury Marine is well known for conducting log strike tests which we discuss on our Laass v. Brunswick page, and supply an early video near the bottom of this page.

We often see U.S. Coast Guard Boating Accident Report Database (BARD) reports in which an outboard was torn from or broke off the transom. Some of these outboards sink, while others remain attached by cables, hoses, and/or fuel lines. In some portion of these instances, the outboard strikes a submerged object and actually flies up / flips up and lands in the boat. As a result, people in the boat can be struck by the outboard or cut by its still rotating propeller.

We decided to investigate BARD and some other sources to gain some greater understanding of these types of accidents and perhaps some insights into their frequency. Read More→

Michael Hinton was trying to retrieve his son’s hat which had blown into the water on September 10, 2000. He was on the swim deck, crouched, hanging onto the swim ladder and getting ready to reach for the hat. The swim ladder was anchored to the transom by a nylon strap through a grommet. The grommet broke and Hinton fell in, went under a few seconds, then surfaced several yards away.

The boat operator backed up to retrieve Mr. Hinton, he swam toward the stern, as Mr. Hinton looked up he saw the boat rapidly approaching, hit his chin on the swim platform, one of his legs was pulled into the propeller and severely injured, and later amputated.

Michael Hinton claims the boat had a defective swim ladder.

As noted above, the trial focused on the ladder, but they would not have had a trial is he had not been injured by the propeller.

The Jury decided in favor of OMC on February 2, 2012. Read More→

0 Categories : Legal Shorts

We propose a tax on fatal boat propeller accidents similar to a tax on pollution as a means of encouraging marine drive companies to prevent propeller injuries.

The U.S. Coast Guard Advanced Notice of Proposed Rulemaking surrounding propeller and carbon monoxide safety (USCG-2011-0497) asked for public comments on possible strategies to reduce propeller injuries. Thinking about the continuing inaction of the boating industry when many good tools are readily available, I began to look to examples in other industries, where firms previously resistant to human welfare issues had been energized for change. I quickly came to the automotive industry and how they originally resisted calls to improve mileage and/or reducing emissions. Established regulatory targets forced them to action (new car emission limits and fleet mileage targets).

Propeller Fatality Permit mockup

Propeller Fatality Permit mockup

Somewhat similar process have been used on broader industries to regulate emissions. Notable policies include:

  • Taxing of emissions
  • Cap and Trade of emissions permits (credits)

We regulate emissions for public welfare. Beyond the desire for clean air, emissions kill asthmatics and others with breathing issues, as well as bring on other medical problems. Automotive mileage is regulated to reduce fuel consumption which reduces emissions.

Our parallel idea is to consider fatalities from boat propeller accidents to be parallel to boating emissions and regulate them with a cap and trade system as well.

We are not saying the program as described below should be implemented. We are just presenting it to generate discussion. Some version of this approach might be an effective incentive in encouraging the industry to take action while not placing too large of a burden upon them. We welcome your comments.

We note the U.S. Coast Guard added a data field to their Boating Accident Database (BARD) in 2009 for “engine manufacturer”. Many accident reports have no entry in that data field, but it offers an opportunity to associate propeller fatalities with the manufacturer of the stern drive or outboard motor involved in that accident. We suggest strongly encouraging state boating law administrators to encourage those recording accident data to make sure they record the engine manufacturer data for propeller fatalities and possible propeller fatalities. We also suggest they capture a digital image of the drive on the boat when possible to backup that identification.

We also encourage providing a means by which those reporting accidents can accurately distinguish between OMC and Bombardier drives (paint color, markings, decals, significant features, build dates, etc). This would be useful in distinguishing boats powered by legacy OMC drives, vs. boats powered by more modern (2001 or later build date) Bombardier drives.

Armed with that information, the annual number of recreational boat propeller fatalities tied to each marine drive manufacture can be determined, as well as annual trends by manufacturer.

Below we present a Propeller Fatality Cap and Trade with a Tax on Over Cap Fatalities. This approach is a hybrid of two methods we presented earlier Propeller Fatality Tax, and a Propeller Fatality Cap and Trade.

Please note, the numbers and dollar amounts below in bold are just placeholders to begin a conversation. Read More→

We discuss Propeller Fatality Cap and Trade With a Tax on Over Cap Fatalities as a means to reduce recreational boat propeller fatalities in another post. While developing those concepts, we explored some other venues as well. The less desired approaches are provided here as reference material.

In general, they present an approaches similar to cap and trading of emissions.

Two such approaches are presented here

  • Propeller Fatality Tax
  • Propeller Fatality Cap and Trade

The numbers presented in bold are merely placeholders to generate discussion. Read More→

We are working on a propeller safety proposal that requires an estimate of the percentage of U.S. outboard and sterndrive boats powered by the various outboard and sterndrive manufacturers that are in the field, called the boat park by other nations. These numbers may be considerably different than current market shares due to some manufacturers having large populations of legacy drives in the field. In addition, some manufacturers no longer in operation (like OMC) still have a large population of drives in the field.

We notice the U.S. Coast Guard has supplied a data field for engine manufacturer beginning in their 2009 Boating Accident Report Database (BARD). While this information is only being captured for a fraction of the accident reports, we still submit it as one means of estimating the market share of boats powered by manufacturers of outboards and stern drives in the field.

We created a spreadsheet and examined 2009 and 2010 BARD. We established a subset of data by year that only included outboards and sterndrives, then we counted those belonging to each manufacturer. Several small manufacturers only had one drive. We eliminated manufacturers that did not have at least two drives listed in at least one of the two years we analyzed. Then we grouped the results by manufacturer (like OMC= OMC + Evinrude + Johnson). Read More→

The U.S. Coast Guard BARD (Boating Accident Report Database) is a vehicle for driving continuous improvement in boating safety, however, it is not being widely used.

We suggest all boat builders closely monitor their boats in all kinds BARD reported accidents, develop and test solutions where needed, and use those solutions to continuously improve the safety of their products. Read More→

Mercury Marine Tiller Outboards

Mercury Marine Tiller Outboards

In McGarrigle v. Mercury Marine Mercury claims McGarrigle’s accident is the first one of its kind involving one of the over 750,000 tiller outboards (portable outboards) they built from 1986 to July 2007. We suspect there were several more. This post documents our quick search for others.

Our Mercury Marine Tells Court the McGarrigil Accident is the First One Involving Mercury Tiller Steered Outboards post defines exactly what Mercury Marine said. Read More→

0 Categories : Legal Shorts

We often see media reports referring to propeller strikes as very rare or freak events, while shark attacks are trumpeted as an ever present danger. While both events share some potentially horrible outcomes and spark fear in victims and onlookers, propeller accidents are actually much more frequent.

This post is being written in response to a column in the Newport Beach Independent over the weekend: Surprise! Proposed Boating Regulation Would Make Things Worse. Newport Beach Independent. September 9, 2011.

Shark

Shark photo by Gary Polson

In his column, Roger Bloom discusses the recent U.S. Coast Guard Advanced Notice of Proposed Rulemaking (ANPRM) pertaining to shutting the engines down when swimmers are near the rear of the vessel to prevent propeller strikes and carbon monoxide poisoning. Mr. Bloom feels the proposed rule would cause more problems that it would solve. While we do not agree with several of his statements, we were shocked to find him stating that shark attacks are more prevalent that propeller strikes. Read More→

Stephen Keller’s fatal boat propeller accident on Lake Tahoe Saturday August 27, 2011 was covered by San Jose California’s Mercury News, because Stephen Joseph Keller DDS was a dentist in San Jose. Mercury News’ August 31st coverage of the boating accident made a major error in reporting the number of annual United States deaths by recreational boat propellers.

Mercury News said there were 3 U.S. boat propeller deaths in 2009 and 1 in 2010 “according to annual data compiled by the U.S. Coast Guard”.

However, the U.S. Coast Guard annual reports actually indicate 25 recreational boat propeller fatalities in 2009, and 27 in 2010.

In the Stephen Keller accident, Mr. Keller, a 46 year old dentist from San Jose, was the passenger of a rental boat docking at Chambers Landing on the west shore of Lake Tahoe about 4 pm Saturday August 27. He was onboard with four more men from the Bay area. The boat operator was trying to get the boat in position to dock. The boat lurched forward, Mr. Keller fell over the stern and was struck by the propeller. Stephen Keller died at the scene.

A San Jose Mercury News August 31, 2011 article, San Jose Dentist Dies After Falling Into Boat Propeller, covering the death of Stephen Keller upped the ante on how wrong the media can get the statistics. The U.S. Coast Guard reports boating accidents as a series of events and their annual statistics are based upon the order in which those events occur. For example, Stephen Kelly fell overboard (Event 1), and was then struck by the propeller (Event 2). Mercury News only reported the number of propeller strikes in which being struck by a propeller was the first event (Event 1). USCG only reported one Event 1 propeller fatality in 2010 and 3 in 2009. But they reported a total of 27 propeller fatalities in 2010 and 25 in 2009.

Propeller Accident Report San Jose Mercury News

Propeller Accident Report San Jose Mercury News

San Jose California’s Mercury News, reported Event 1 data and claimed it represented the total number of propeller fatalities.

Before we go further, I would like to express our sympathies to the family and friends of Dr.Stephen Keller DDS. We followed the boating accident in several news reports and observed an outpouring of love from many for their beloved dentist and friend. We wish them comfort in their time of grief. Read More→