Propeller Guard Information Center

Archive for OMC

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→

Follow Us On TwitterThis post is part of our coverage of the Listman v. OMC propeller injury trial

Robin Listman vs. Outboard Marine Corporation
Second Judicial District Court of the State of Nevada, County of Washoe

1 November 2011 Session One – pm (Note there was no morning session, this was an afternoon session per CVN) Read More→

0 Categories : Listman vs. OMC Trial

Follow Us On TwitterThis post is part of our coverage of the Listman v. OMC propeller injury trial

Robin Listman vs. Outboard Marine Corporation
Second Judicial District Court of the State of Nevada, County of Washoe

18 November 2011 Session One Read More→

0 Categories : Listman vs. OMC Trial

Follow Us On TwitterThis post is part of our coverage of the Listman v. OMC propeller injury trial

Robin Listman vs. Outboard Marine Corporation
Second Judicial District Court of the State of Nevada, County of Washoe

18 November 2011 Session One Read More→

0 Categories : Listman vs. OMC Trial

Follow Us On TwitterThis post is part of our coverage of the Listman v. OMC propeller injury trial

Robin Listman vs. Outboard Marine Corporation
Second Judicial District Court of the State of Nevada, County of Washoe

18 November 2011 Session One Read More→

0 Categories : Listman vs. OMC Trial

Follow Us On TwitterThis post is part of our coverage of the Listman v. OMC propeller injury trial

Robin Listman vs. Outboard Marine Corporation
Second Judicial District Court of the State of Nevada, County of Washoe

18 November 2011 Session One Read More→

0 Categories : Listman vs. OMC Trial

Follow Us On TwitterThis post is part of our coverage of the Listman v. OMC propeller injury trial

Robin Listman vs. Outboard Marine Corporation (OMC)
Second Judicial District Court of the State of Nevada, County of Washoe

Our coverage was obtained via a video feed supplied by Courtroom View Network (CVN). The images are also courtesy of CVN.

Listman Trial - Judge Jerome Polaha

Judge Jerome Polaha image courtesy of CVN

OMC WINS.

Bailiff received the verdict from the Jury, gave it to Judge Polaha, he read it, then gave it to the clerk to read.

The clerk read the verdict approximately 11:10 am Pacific Time Monday November 21, 2011.

Question 1 Did the Defendant design the product in question? Yes

If answer to Question Number One is yes, proceed to Question Number 2

Question 2 Was the product unreasonably dangerous i.e. it failed to perform in the manner reasonably to be expected in light of its nature and intended function and was more dangerous than would be contemplated by the ordinary user having the ordinary knowledge available in the community and accordingly defective? No

If you answer to Question Number 2 is no you verdict for defendant and you are not to proceed further except to sign and return this verdict.

The jury was polled. Six said the verdict was theirs as read, two said no, meaning vote was 6 to 2.

Judge Polaha thanked the jury for their service and adjourned.


27 Categories : Listman vs. OMC Trial