Propeller Guard Information Center

Archive for product liability

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

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Dr. Lawrence E. "Larry" Thibault

Dr. Lawrence E. "Larry" Thibault

We just became aware of the passing of Dr. Lawrence “Larry” Thibault back on September 10, 2011. He was well know as a biomechanics expert witness for the plaintiffs in propeller strike cases.

Dr. Thibault, a former Chairman of the School of Bioengineering at the University of Pennsylvania, and founded Biomechanics, Inc. at Exton Pennsylvania. As Biomechanics Inc. he represented many propeller accident victims or their survivors. Read More→

0 Categories : Propeller Safety News

John McGarrigle and Barbara McGarrigle v. Mercury Marine. Civil Action No. 09-4625. United States District Court, D. New Jersey.


The Propeller Accident

Saturday, July 21, 2007, 37 year old John McGarrigle, of Pennsylvania, was operating a 12 foot aluminum fishing boat on Delaware Bay near Seabreeze, New Jersey about 5:20pm by himself. The small tiller steered boat, belonging to his father, was powered by a 2001 15 horsepower Mercury Marine outboard motor. The water was choppy, John was not wearing a lanyard kill switch. He was pitched overboard, the boat went into the “Circle of Death”, he tried to grab and re-board the spinning boat, and was struck by the propeller. John received severe injuries to his head and neck. A bystander on shore, swam out 100 to 150 feet and kept him afloat till more help could arrive. The prop strike victim was brought to shore in another boat and life flighted to an area hospital. The Coast Guard was able to stop the still circling boat by using a rope to foul its propeller. (Accident description was assembled from court records and several newspaper accounts.)

A New Jersey Patrol Officer interviewed the victim about a month later. The victim reported he had been going about 15 miles per hour, hit a wave, and was ejected. The same officer had responded to the accident. The patrol officer logged the accident as being caused by “excessive speed”, but testified he had no actual knowledge of the victim’s speed. Read More→

0 Categories : Legal Shorts

The boating industry continues to reject the use of propeller guards and vehemently testifies against them in propeller injury trials. One of their tools is to illustrate ANY changes in the performance of the boat with the guard vs. without the guard and claim those changes are unacceptable.

We propose a Senior Design Project, Capstone Project, or Senior Thesis in which students develop a propeller guard that provides at least some level of protection while absolutely not changing the performance of the boat and not causing any other unintended consequences. This Senior Design Project might particularly appeal to student in mechanical engineering students, marine engineering, ocean engineering, design, CAD / computer aided design, safety, or law.

In real life, propeller guard designers design guards to maximize protection while minimizing the guard’s impact on the performance of the boat. They typically end up with a prop guard that provides good protection, but one or more element of boat performance is at least measurably impacted (top speed, time to plane, handling, steering, performance in reverse, durability, increased potential area for blunt trauma, entrapment in the guard, fuel consumption, emissions, porpoising, draft, weeds/sea grass, ability to speed to shore after an accident, cavitation, etc.)

Guard designers think it is a very good tradeoff (get great protection but boat goes a couple miles and hour slower, etc.), however the boating industry uses that delta (change in one or more boat performance variable) as a reason to reject the propeller guard. Read More→

0 Categories : Research Projects

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