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Legal Shorts

Comments on Malibu Boats Safety Alert : Bow Seating

Malibu Boats released a Safety Alert in July 2023 regarding bow seating and swamping in certain older Malibu boats. This post will discuss the history behind Malibu’s bow swamping Safety Alert, comments concerning the Safety Alert, and possible future implications. Background History Long ago, some ski boat manufacturers began to offer open bow boats with […]

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 Appeals $200 million verdict in Batchelder case

A quote from Malibu’s August 15, 2022 appeal in the Batchelder case is below: “Defendant Malibu Boats, LLC herby appeals to the Court of Appeals of the State of Georgia from the Final Judgement entered on August 28, 2021 including all adverse ruling sustained therein and all subsequent adverse rulings including but not limited to […]

Batchelder vs Malibu: $200 million jury verdict stands

This case arose from a 2014 propeller strike in Georgia in which water came over the bow of a 2000 Malibu Response LX rental ski boat when it crossed its own wake. Seven year old Ryan Batchelder was washed out of or jumped from the bow and was fatally struck by the boat’s propeller. More […]

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 […]