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Author Archive for Gary – Page 3

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 […]

California woman struck by boat propeller in Columbia

Natalia Andrea Larranaga Fajardo, 26 originally from Columbia, now from California, was on vacation in Columbia on November 27, 2022. Natalia was on Wata Beach in San Andes, Columbia about 445 miles off the mainland coast of Columbia. She saw some people she knew on a tour boat and joined them. The tour boat was […]

Reduce Peak Impact Force of Boat Propeller Guards

This Tech Brief explains a method that may reduce maximum impact force of some boat propeller guards striking people. This method may also: Reduce injuries caused by striking some boat propeller guards at lower speeds. Allow some propeller guards to be operated at higher speeds while causing less severe injuries to people in the water. […]

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: Monitoring Post Sale Safety

The $200 million dollar verdict in Batchelder vs. Malibu Boats was reaffirmed July 18, 2022. One reason for such a large verdict was Malibu’s lack of a Post Sale Safety Monitoring system in which they actively sought out accidents involving their boats and addressed Post Sale safety issues. An order by the Judge denied the […]

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 […]