Propeller Guard Information Center

Archive for Mercury Marine

As outboard motors began to increase in horsepower, speeds went up, and striking submerged objects became more dangerous. Manufacturers designed systems to handle the loads created from striking logs or other submerged objects, and ways to test those systems.

We (PGIC) cover log strike testing because the industry often uses log strike tests to evaluate propeller guards, most notably as a defense against the use of guards in propeller injury legal cases.

Part 2 of this post, Log Strike Testing Part 2 covers the testing of these systems at Mercury Marine.

Before we cover the history of log strike testing (in Part 2), we will first explain:

  • Variables and Dynamics of a Log Strike
  • Log Strikes With Manual Trim Systems
  • Conventional Shock Absorbers as Log Strike Systems
  • Hydraulic Trim Systems Are Challenged by Log Strikes
  • Trim Cylinder Design for Absorbing / Cushioning Log Strikes
  • Trim Cylinder Relief Valve Spring Rates and Preloads
  • Trim Cylinder and Outboard Shock Absorber Patents

Read More→

A Discussion of the History of Log Strike Testing at Mercury (Kiekhaefer Corporation), Kiekhaefer Mercury, and Later at Mercury Marine, a Brunswick Company

Please be sure to review Part 1 before reading this section. In Log Strike Testing Part 1: Log Strikes and Log Strike Systems we review what happens during a log strike and systems designed to dissipate these impact loads.

Here in Part 2 we discuss methods used to test log strike systems to make sure they are properly designed to accommodate loads generated at maximum design speeds, that production units meet those design criteria, and that accessories (like propeller guards) do not cause issues during log strikes. Read More→

Log strike tests have long been used by Mercury to prove their outboards and stern drives could survive the impact of striking submerged logs and other floating or submerged obstacles. In the original log strike tests, Mercury’s test crew used concrete weights to position telephone poles horizontally in open water, then ran boats over them. One of these early tests is documented in a Mercury (then built by Kiekhaefer Corporation) video prepared for Mercury distributors and dealers.

We (PGIC) cover log strike testing because the industry often uses log strike tests to evaluate propeller guards, most notably as a defense against the use of guards in propeller injury legal cases.

This early log strike test video surfaced when we began doing some research surrounding the Estate of David Paul McFarlin and Jamie Laass vs. Brunswick Corporation (Mercury Marine and Lund Company) and Others case in which a family boating outing ran over a dredge pipe, a Mercury Marine outboard flipped back up into the boat, and a young boy was killed by the propeller. As I started searching for more information about log strike tests, I found this old Mercury log strike test video.

Mercury Log Strike Test

Mercury Log Strike Test

Read More→

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→

A young boy, David Paul McFarlin, was killed in a May 31, 2010 Storm Lake Iowa boating accident. A Labor Day boat outing on Storm Lake became a tragedy when their 175 horsepower Mercury Marine outboard motor struck a submerged dredge pipe on Storm Lake, the Mercury outboard flipped backwards into the boat, and David Paul McFarlin, a ten years old boy, was killed by its propeller.

The full title of the case is:
Estate of David Paul McFarlin, by its Personal Representative, Jamie Laass, Jamie Laass individually; and Jamie Laass, as parent and next friend of S.L. vs. City of Storm Lake, and Iowa Municipal Corporation, Buena Vista County, and Iowa municipal corporation, Lake Improvement Commission, an Iowa Chapter 28E organization, Brunswick Corporation, a Delaware corporation, dba Mercury Marine and Lund Boat Company, Harry Foote, Randy Redig, Russell Harrington, and David Botine.

Justia titles the case as Laass, et al vs. City of Storm Lake, et al

Jamie Laass is the boy’s mother, Harry Foote was operating the boat, Redig, Harrington, and Botine are the dredging defendants.

Brunswick (Mercury Marine and Lund) is being sued for negligent design and warnings. The case is in U.S. District Court for the Northern District of Iowa Western Division. Read More→

0 Categories : Legal Shorts

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

In McGarrigle v. Mercury Marine, a propeller / kill switch case, Mercury Marine claims John McGarrigle is the the first person NOT using a kill switch to be injured by a Mercury Marine tiller steered outboard.

We find that hard to believe, but before we can prove them wrong, we need to determine exactly what Mercury Marine’s legal team said.

On page 8 of the 20 December 2011 Partial Summary Judgement Opinion by the Court, (document 41 in the U.S. District Court New Jersey case docket), the court restates Mercury’s position:

Defendant argues that Dr. Fisher should not be permitted to testify that the design of the outboard engine was and is defective because it does not incorporate a lanyard A type stop switch. Defendant states that between 1986 and July 2007, it sold more than 750,000 8 to 25 horsepower outboard engines that use the lanyard B. It also states that, other than plaintiff’s accident, it is aware of no other accidents of a scenario similar to plaintiff’s, which resulted in propeller strike injuries to an ejected operator of a small hand-tilled outboard engine who did not use the lanyard B.

Read More→

0 Categories : Legal Shorts

For basic information on John McGarrigle and Barbara McGarrigle v. Mercury Marine in U.S. District Court, D. New Jersey, see our McGarrigle v. Mercury Marine case page.

Very briefly, John McGarrigle fell from a small boat when it hit a wave, was not wearing a lanyard kill switch, the boat circled repeatedly, he tried to re-board it, and was struck by the propeller.

Both sides moved for summary judgement on some issues prior to the trial. Both sides won some issues and lost some issues. The full opinion written by Disrict Judge Noel L. Hillman is available on Leagle.com.

The defense tried to block Kenneth W. Fisher from being an expert witness for the plaintiff. They said he was not an expert in this field (kill switches on small boats) under Daubert. They also do not want to allow Dr. Fisher or others to use U.S. Coast Guard Navigational and Vessel Inspection Circular No. 4-89 (Circular 4-89). Defense claims Circular 4-89 only applies to commercial vessels. Defense also wants to prevent Dr. Fisher or others from using American Society of Testing and Materials (ASTM) F 1166-07 standard regarding human factors engineering (they grant it refers to ships and marine structures, but claim it does not specifically mention recreational boats).

In a 20 December 2011 opinion, the court said Dr. Fisher will be allowed to testify and he can use ASTM F 1166-07, but he will not be allowed to use Circular 4-89.

At the same time, Plaintiffs moved for summary judgement to prevent Defense from being able to claim the accident was caused by the victim taking a small boat out in choppy water and going too fast, they also wanted to block evidence of his behavior after being ejected (tired to re-board the circling boat), and wanted to block evidence that neither Mr Garrigle or his father read the outboard owners manual.

In the same 20 December 2011 opinion, the court said the defense would be allowed to present evidence of a proximate cause of the accident being the condition of the water and the speed of the boat. Defense will also be allowed to discuss the victim’s attempts to re-board the circling boat. The defense will not be able to introduce the failure of Mr. Garrigle or his father to read the owners manual as evidence of comparative fault or as a proximate cause because the defendant acknowledges some people operate their outboards without reading the manual, and thus it was foreseeable. Read More→

0 Categories : Legal Shorts