Propeller Guard Information Center

Archive for Propeller Accident

An NSW Transport Roads and Maritime accident investigation report dated February 2, 2012, “Report of a Special Purpose Investigation: Into a Propeller Strike Injury Involving an Australian Defence Force Academy Vessel on Lake Burrinjuck NSW on 14 February 2010″, found a group of Cadets and Midshipmen were undertaking training for water insertions (leave the RIB while underway) on Lake Burrinjuck NSW. After the training, the Cadets took the 6.3 meter RIB powered by a 115 HP Yamaha outboard for a joyride including high speed turns during which several people were ejected. In one of those incidents, a Cadet fell from the boat and sustained life threatening injuries from the propeller.

NSW Propeller Accident Investigation Report

NSW Propeller Accident Investigation Report

The investigation found:

  • The Defence literature provides sufficient guidance to conclude that a propeller guard should have been fitted unless there were compelling operating reasons not to do so.
  • There is no evidence of any compelling operational reasons for not fitting a propeller guard.
  • There is no evidence that the vessel was previously fitted with a propeller guard.
  • The risk assessment for water insertions did not adequately consider the likelihood and consequences of a propeller strike.
  • There was no assessment for joyriding.

While the report does not identify the injured Cadet, it is obviously Oliver Minchin. This was a very high profile accident in Australia. Senate Leader Nick Minchin is Oliver Minchin’s father. The accident and Oliver’s recovery were prominently covered in the news.

0 Categories : Regulations

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→

Kirsty MacColl, A High Profile Boat Propeller Accident From 2000.

Kirsty MacColl

Kirsty MacColl

Kirsty MacColl, well known female British recording artist, was scuba diving in Mexico off Cozumel Island with a friend (James Knight) and a dive master (Ivan Diaz) on the afternoon of 18 December 2000. As they surfaced from a dive she saw a large powerboat was bearing down on her and her two sons (13 and 15 years of age). According to reports, she swam to one, moved him out of the way, then grabbed her other son to protect him. She was struck by the propeller, “killed instantly, her body nearly sliced in half by the propeller” according to a report published by her mother, Jean Newlove / Jean MacColl. The son she first pushed out of the way was also struck, but not severely. The boat belonged to a wealthy, influential Mexican businessman. He claims the boat was operated by an employee, Jean MacColl suspects it was driven by the wealthy businessman. Kirsty MacColl’s mother and those who assisted her, were unable to penetrate the protection, challenges, and roadblocks surrounding the event to positively discern the truth. The investigation was officially dropped in December 2009.

Kirsty MacColl had been working 18 months straight and was looking forward to the trip. She planned to introduce her sons to scuba diving in the beautiful diving environment at Cozumel. Her mother dropped by the night before they left the U.K. for supper, and they made plans for Christmas. Kirsty was killed at age 41 in a boat propeller accident that made world headlines. Her funeral was held in Mortlake Crematorium in London.

Kirsty MacColl was beloved by many and still has a strong following. 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

Many industries have created “checkoff” programs to generate funds to promote their “produce” or “product”. “Checkoff Programs” originally referred to programs where the manufacturer/producer was presented a checkoff box at time of sale they could check if they elected to participate in the program. Early programs were very successful, and more quickly followed. Some are mandatory, but they are often referred to as “Checkoff Programs” as well. Agriculture produce growers widely adopted Checkoff Programs. Funds are used to promote their produce in general, not a specific brand. Among the more popular agricultural checkoff programs are: “Beef, It’s What’s for Dinner” and “Got Milk”.

Prop Aware Propeller Safety Campaign

Australian Take Care Be Prop Aware campaign logo

Manufacturing industries have also turned to the practice. “Discover Boating” is an example.

We suggest a checkoff program for “Propellers” could be used to generate funds to promote recreational boat propeller safety. Currently, most of the focus on propeller accidents is on the manufacturer of the stern drive or outboard involved in the accident. The entire boating industry is benefiting from stern drive and outboard production, and most notably, those manufacturing propellers would be in a far different situation if outboards and stern drives did not exist. We suggest propeller manufacturers could shoulder at least a small portion of a major propeller safety initiative by voluntarily donating to checkoff funds. 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→

Deondra Scott was swimming behind a rented boat at North Carolina’s annual Lake Norman Lake Bash on June 25, 2011. A novice operator backed over her, then went forward over her striking her twice with the Chaparral boat’s propeller. Scott filed suit against the boat operator (Dennis Allen), the boat rental operation (David Orzolek), and the boat builder (Chaparral Boats).

Deondra L. Scott v. Dennis F. Allen, David D. Orzolek, and Chaparral Boats, Inc. was filed on January 3, 2012 in the General Court of Justice Superior Court Division, County of Mecklenburg, North Carolina. Read More→

0 Categories : Legal Shorts

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

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