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Archive for product liability

Malibu Boats agrees to pay $100 million in Batchelder case

A 2014 propeller strike in Georgia claimed the life of 7 year old Ryan Batchelder. In August 2021 Malibu Boats was found guilty in Superior Court of Rabun County Georgia. The Product Liability Case verdict totaled $200 million dollars. Since then, Malibu Boats has been trying to reduce or eliminate the jury award. Malibu Boats, […]

Boat Propeller Guard Product Liability Defense Intro Vol1

In the mid to late 1980’s Mercury Marine, a Brunswick Corporation, and Outboard Marine Corporation (OMC) were facing a large number of boat propeller guard product liability / product defect lawsuits. Several of those lawsuits related to kill switches not being installed. This post is the second of a series of five posts announcing the […]

Boat Propeller Guard Product Liability Defense

We have completed a major project in which we studied the period in which Mercury Marine and Outboard Marine Corporation developed their legal defense against the use of boat propeller guards on recreational boats. This post is the first of five on this topic. Their defense is based on three documents which they helped create: […]

1989 NBSAC Propeller Guard Subcommittee Report Vol2

This post is the third of a series of five posts covering the boating industry’s legal defense against boat propeller guard product liability / product defect lawsuits. It focuses on our review of the 1989 U.S. Coast Guard National Boating Safety Advisory Council (NBSAC) Propeller Guard Subcommittee report. This post is a condensed version of […]

Underwater Head Impact Propeller Guard report Volume3

This post is the fourth of a series of five posts covering the boating industry’s legal defense. Specifically, their legal defense against boat propeller guard product liability / product defect lawsuits. It focuses on our review of the 1990 underwater testing of a propeller guard impacting an anthropomorphic dummy’s head. The testing was performed at […]

Underwater Leg Impact Propeller Guard report Volume4

This post is the fifth of a series of five posts covering the boating industry’s legal defense. Specifically, their legal defense against boat propeller guard product liability / product defect lawsuits. It focuses on our review of the 1990 underwater testing of a propeller guard impacting cadaver legs. The testing was performed at State University […]

Malibu moves for new verdict / new trial in Batchelder

Malibu Boats filed for a Judgement Not Withstanding the Verdict (JNOV) on September 7, 2021 in the Batchelder vs. Malibu case regarding the $200 million verdict with about $140 million being against them. Malibu says, To the extent that the verdict and judgment impose successor liability on Malibu Boats for the actions of Malibu Boats […]

Boat Accident Trials: Harsh Forum Comments on Verdicts

Some thoughts for those who tend to offer snap judgements about what happened in boating accidents along with what should have happened in jury trials. When we read about boating cases/trials in online boating forums, we naturally want to weigh in on what we think happened in the accident. In addition, we also want to […]

Malibu Boats loses 200 million dollar jury trial

Parties in the Batcheler vs. Malibu Boats Legal Case / Trial in Georgia. Stephan Paul Batchelder & Margaret Mary Batchelder (parents of Ryan Batchelder, deceased). Dennis Ficarra (operator of the boat and Ryan’s great uncle). Malibu Boats West. Malibu Boats LLC. 5 July 2023 UPDATE In late June 2023 Malibu reached a settlement agreement to […]

Feasel propeller case heard by Utah Supreme Court

On June 30, 2012 Mr Feasel and Mr Martinez were fishing. They were in a Tracker bass boat powered by a Mercury Marine outboard motor on a Utah reservoir. The boat swerved and both men were ejected. The unmanned boat circled in the Circle of Death. Mr. Feasel, the passenger, was repeatedly struck the propeller. […]