PropellerSafety.com

Archive for product liability

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. The Trial Jury verdict / award 28 August 2021 $5 million for life of […]

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. […]

BARD: Boat Manufacturer Post Sale Safety Monitoring chart

The U.S. Coast Guard Boating Accident Report Database (BARD) should be a central component of boat builder / boat manufacturer efforts to monitor the safety of their boats post sale (after sale / in use by customers). Similarly, marine drive manufacturers can monitor BARD for potential safety issues involving marine drives. Post Sale Monitoring is […]

Judge rejects Jones Act defense in Duck Boat Case

For decades the boating industry has been raising what we call the Jones Act Defense against plaintiffs on large lakes and waterways, especially those through which one could theoretically pass to another state. Back in 1851 the U.S. Government adopted the “1851 Shipowners Limitation of Liability Act” to encourage shipping by limiting the potential liability […]

Mercury patents log strike monitoring system

Brunswick / Mercury Marine was issued U.S. Patent 10,214,271 Systems and Methods for Monitoring Underwater Impacts to Marine Propulsion Devices on 26 February 2019. Steven J. Gonring and Mark D. Curtis are listed as the inventors. The patent teaches detecting rate of trim (rate of tilt) to determine an impact occurred. If the drive is […]

Barhanovich case settled

Mark Barhanovich was killed when his Suzuki outboard motor struck a dredge pipe alleged not to be properly marked on Sunday morning September 16, 2012 off Biloxi Mississippi near Deer Island. The Suzuki outboard broke off, flipped into his boat. Later that morning, Mr. Barhanovich, a widely known and respected local figure, died from his […]

Propeller Guards: ABYC Marine Law Symposium

ABYC’s Marine Law Symposium 2018 was originally scheduled to be part of ABYC’s annual Standards Week in Charleston, South Carolina in January 2018. However, a major east coast snowstorm postponed the event until 10 April 2018. The theme of the topics selected was, “The Anatomy of an Accident”. The day long event featured sessions titled: […]

Clippard vs. Yamaha outboard flipped in propeller case settled

In May 2013 Timothy Clippard of Missouri was killed in a boating accident on Kentucky Lake during a bass fishing tournament. His fishing partner piloted the Ranger bass boat as they passed under a large bridge on the way back to weigh in. The 225 horsepower Yamaha outboard motor struck a barely submerged bridge support […]