In 2017 Mercury Marine made a presentation on the hazard of dredge pipe strikes to the Western Dredge Association which was discussed in the July/August 2017 issue of International Dredging Review. The cover page of Mercury’s presentation is shown below.
Mercury Marine 2017 presentation to Western Dredge Association on the hazards of dredge pipe strikes. Cover Page.
In 2015, the U.S. Coast Guard issued a Marine Safety Alert regarding the hazards of dredge pipes to boats. Click on the image below to see the full USCG Marine Safety Alert.
USCG Dredging Safety Alert title page.
Striking dredge pipes can cause those on board to be ejected and struck or repeatedly struck by the boat propeller as the unmanned boat circles. Striking dredge pipes can also result in the outboard motor breaking off and flipping into the boat still under power with the propeller turning a few thousand RPM.
Don’t make us add another page to our list of dredge pipe strikes, be very careful near dredging operations.
Every weekend on Lake Pleasant led to a major boating accident for several weeks this summer (2023). Some of these Maracopa County, Arizona accident were boat propeller strikes.
A local media outlet, Arizona’s Family released a great video on November 15th, 2023. The video uses one boat propeller accident as an introduction to talking more broadly about the problem. The video also addresses issues specifically associated with rental boats which are more frequently involved in propeller accidents.
Arizona Family’s report states, “In Arizona, two people died from prop strikes and 60 people suffered boating injuries.”
This video is not just a video to watch and move on. It is a video to propel people to action. Some will take a boating safety class. Viewers will be more aware of their surroundings on a boat. Some rental boat agencies may re-evaluate their training process. Others will share the video with their friends and colleagues.
The Padilla Accident
The video specifically follows the July 22, 2022 incident in which 34 year old Alyssa Padilla was struck by a boat propeller.
Per the video, first responders were about 30 minutes getting to her. Response is often slow on large western lakes due to distance. They also often face difficulty locating novice rental boaters on large lakes.
Once on shore and stabilized she was taken by golf cart to an ambulance, then to a life flight helicopter.
Alyssa speaks out about her life changing injury and notes, “I will never be the same.”
Per the video, Alyssa later learned what happened to her happens a lot here and at other lakes.
Propeller Accident Statistics
The reported notes another woman died last summer. A six year old girl died this year. Both died by propeller strikes on Lake Pleasant.
The reporter states the U.S. Coast Guard reported 173 propeller accidents last year.
The Danger of Boat Propellers
Arizona Family’s reporter went on to say every single one of them was preventable.
Maricopa County Sheriff’s Deputy Detective Rob Marsky officer says the first thing you will hear is, “It happened so fast.”
He noted “propellers are like blenders”. “Even at idle speed a propeller could spin 40 times a second.”
Deputy Marsky stated,”Our victims can bleed out very, very quickly.”
Common Boat Propeller Accident Scenarios
“The number one reason that prop strikes happen is because of operator inattention.”
“One of the most common scenarios is someone is behind the boat, goes to swim toward the boat, and the driver turns the motor on.”
The article points out the boat ladder is often attached to the back of the boat right next to the motor and propeller.
Alyssa Padilla explains that when the boat was started, it created a suction of water into the propeller which was taking her into the propeller.
Propeller Safety Issues Concerning Rental Boats
Joe Watkins represents Alyssa in a lawsuit against Scorpion Bay, the firm that rented the boat. Mr. Watkins says propeller strikes do happen on really disturbing regular basis. He goes on to note they tend to happen to people that are renting boats.
The video goes on to discuss safety briefing issues involving rental boats.
In Alyssa’s instance, the sheriff’s office says the boat rental company did not even have the name of the person that rented the boat.
Deputy Marsky recounts the importance of boat operators receiving boating safety education.
Arizona is one of four states with no requirements for boat operators to receive safety training.
Our Comments
We salute Arizona Family, Alyssa Padilla, Officer Marsky, Joe Watkins, and their production crew. Their work will increase awareness of boat propeller accidents. They also exposed safety issues at some boat rental facilities.
While we can’t thank them enough, we do take issue with three points made in the video:
Point #1. 173 accidents reported by USCG in 2022
The video states, “Last year (2022) across the country the U.S. Coast Guard reported 173 accidents where people were struck by boat propellers.”
They are correct, in 2022 USCG reported 173 incidents in which one or more people were struck by a boat propeller. However, the actual total of individuals struck by a boat propeller reported by USCG in 2022 was 182 injured and 41 fatalities.
In addition, there has long been a tug of war over propeller strike statistics. The boating industry claims almost all propeller injuries are reported and propeller safety advocates argue many propeller accidents are not reported.
Note – the second print version of the article did include the statistics provided above. They were likely left out of the video to shorten it.
Point #2. Even at idle propellers can be rotating at 40 times per second
If an outboard powered boat was idling at 1,000 RPM in gear with a 2 to 1 reduction in the gearcase, the propeller would be turning about 1,000 RPM / 2 = 500 RPM or 8.3 times per second.
Several propeller safety brochures note the number of blades on the propeller is also important. For example even at 8.3 revolutions per second, a three bladed propeller could strike you 25 times per second.
The old U.S. Coast Guard “Beware of Boat Propellers…A Hidden Danger” brochure stated,”A typical three-blade propeller running at 3,200 rpm can inflict 160 impacts in one second.”
Cropped from the U.S. Coast Guard 2007 flyer, “Beware Propellers…A Hidden Danger”.
Point 3. The reporter said, “Every single one of them was preventable.”
We agree many propeller accidents are preventable or at least can be mitigated. Tools currently available include boating safety education, rental boat safety training, operator attention, use of a spotter, sober boat operator, avoiding or limiting alcohol consumption by all on board, no use of drugs, not going faster than conditions allow, always having a lookout, and keeping your boat in proper condition.
Other existing prevention and mitigation methods include having proper safety equipment onboard, wearing a life jacket, using a kill switch / ECOS lanyard, first aid kits, no bow riding, divers and snorkelers always using dive flags, boat safety inspections, keeping a spare lanyard for use if the operator is ejected, etc. While this is just a partial list, it is easy to see why novice boaters might not cover all these bases, especially in a party environment on a lake they are no familiar with.
Point 3 Part A
Other propeller accidents could be prevented or mitigated with the use of additional safety equipment often not found on board such as VHF radios, GPS, first aid kits on rental boats, tourniquets or something that could be repurposed as a tourniquet on rental boats, indicators showing those in the water when the engine is running and the propeller is turning.
Another safety tool useful on large lakes is an Emergency Position Indicating Radio Beacon (EPIRB).
Point 3 Part B
Still more propeller accidents could be prevented or mitigated by design or equipment not accepted by boating industry manufacturers. Examples include boat propeller guards on slow moving rental boats, increasing distance from the ladder to the propeller, rear view cameras like on cars, removing the front ledge of pontoon boats that attracts bow riders at least on rental boats, using a doorbell switch to force the use of a spotter at the rear of a houseboat while backing up.
Additional designs and equipment not accepted by the boating industry include auto detection and stopping of circling unmanned boats, use of two stage tilt cylinders, use of products of the nature of The Leash”, devices only allowing certain users to pilot rental boats, use of warnings that point out the result if you do not follow them, and Public Service Announcements that graphically illustrate what can happen to you.
Even if most of the protections mentioned above were in place, boat propeller accidents will still occur. Challenges that can place someone in contact with a propeller include severe weather, mechanical failures, kill switch failures, steering failures, medical emergencies, striking submerged objects, hitting a stump, striking a dredge pipe, hitting a rock, becoming grounded and trying to push the boat off a sandbar, becoming entangled in a tow rope, horseplay.
Additional ways propeller accidents will still occur include boater fatigue, wakes generated by large vessels nearby, rogue waves, running over a diver or snorkeler without a dive flag, people swimming in open water, people swimming outside of a swim area, boats capsizing or sinking, other boats running over your boat, solar glare, changing lake levels, and mixed traffic (canoes, kayaks, paddle boards) with larger faster vessels.
And there are multiple paths by which those onboard PWC’s can contact your boat’s propeller.
For a More Complete List of Boat Propeller Accident Scenarios
Thanks again to ArizonaFamily for this important video. We hope many people and businesses will be inspired to take action based upon this video. They have a vastly larger and broader audience than us. We thank them for their efforts.
The video notes many of the Pro XS outboard motors have broken in exactly the same spot (the swivel bracket).
He appeals to Mercury to let him visit the plant for a sit down visit with them. He would like to be able to ask them, Why is this breaking?”
Suzuki and Yamaha have recently sent representatives to visit with him in La Crosse.
Houser notes the video is not an attack on Mercury. They just want Mercury to recognize the problem, fix it, and let the public know what they need to do to stay safe in their boat.
Houser recognizes outboard motors are abused. He notes that for those running nearby in the Mississippi River “its like a war zone out there.” People hit stuff all the time.
He presents “The Leash” as a means to stay safer at this time.
In efforts to keep his viewers safe, Houser said, “If you are running a Mercury, go get a Leash for me.”
We previously produced two volumes of methods to prevent or mitigate this problem. Many of them already patented, but not used, by the boating industry.
Yamaha’s U.S. patent application, “Collision Information Providing System, Collision Judging System, and Marine Vessel” was published October 12, 2023.
Yamaha’s system classifies and monitors three different kinds of collisions.
1. Outboard motor / Marine drive collisions
2. Propeller collisions
3. Vessel collisions
These types of collisions are monitored. They are classified. Their intensity is rated. Additional data is recorded.
Collisions are classified by type: marine drive, propeller or vessel collision. (ECU) Engine Control Unit data is monitored and used in the decision making. ECU data used includes engine rpm, throttle setting, air intake pressure, trim position, and shift status (forward, neutral, reverse). The ECU also reports if the shift mechanism is in the process of shifting.
Yamaha refers to struck a log / log strike as a driftwood hit.
Yamaha’s Patent Application
A full copy of Yamaha’s patent application can be found on Google Patents.
The front page of Yamaha’s U.S. Patent Application 2023/0322341 A1 is shown below.
Yamaha log strike monitoring patent application
Yamaha notes their system applies to all types of marine drives. They specifically list jet boats outboard motors, inboard motors, and inboard outboard motors (stern drives).
Detecting and Classifying the Collision
The first step is detecting a collision by monitoring numerous data sources.
The next step is classifying the collision as being a vessel collision, propeller collision, or driftwood hit (log strike). Unrelated events such as jumping a wake are screened out during the classification process.
Yamaha uses the process outlined in Figure 4 below to classify collisions.
Yamaha outboard motor / marine drive collision monitoring patent application Figure 4: Collision Judging Process
The classification process is described in much greater detail in the patent application. The patent application notes the importance of rejecting other events that might register as a collision. Several such events are listed below.
1. Intentional sudden acceleration of the boat
2. Intentional sudden deceleration of the boat
3. Jumping a wave
4. Engine Cut-Off System (ECOS) / Kill Switch activation
5. Recognizing a propeller has multiple blades and may strike the same object multiple times during a single collision
6. Engine RPM is not stable for a period of time after the engine is started.
7. Intentional throttle position change
8. Low speed and low intensity collisions
Examples of the Classification Process
Some Indicators of a Marine Vessel Hit:
A data table of g acceleration values vs. vessel speed is one of the variables to determine if their was a marine vessel hit.
For example, a value of 1g at speeds of 10 kph or less is an indication a marine vessel hit.
While a value of 24 or more g at speeds of 40 kph or more is an indication a marine vessel hit.
Some Indicators of a Driftwood Hit / Log Strike:
Speed must equal or exceed 10 kph.
Inclination angle must change by more than 10 percent of the total trim range within 100 ms.
After the strike, inclination angle must exceed 120 percent of total trim range within one second.
After the event, the drive settles back down.
An acceleration sensor on the outboard may directly measure rotational acceleration of the drive.
Additional Impact Data Sensors & Sources
Additional data used in the decision process may include:
Rate of Change of Engine RPM
Video from the time of the incident
Maximum tilt of the drive after the log strike
How fast the drive was tilting
Angular acceleration of the drive from an accelerometer
Status of steering (was the boat in a turn
Marine vessel speed sensor reports speed<"/li">
Engine RPM may be used to estimate speed
GPS location dataGPS may be used to determine boat speed.
Direction of travel of the boat (is it going forward or backward)
Temperature of Engine Cylinder Wall (indication of recent startup)
Audio – sounds including voices on and around the boat at time of collision
Weather
Missing From the Patent Application
Noticeably absent from the list of variables is hydraulic tilt cylinder pressure which has been used by others to determine intensity of log strikes.
Also absent was detecting a quick turn which was suggested by Honda as a means of detecting a near impact. Quick turns in conjunction with some of the other variables may improve impact classification.
The patent application does not specifically use the phrase “sensor fusion”. However, they do describe using multiple sensors to make a judgement if a collision occurred and what type of collision it was when not all sensors indicate the same result or some sensors may not be present.
Data Recording and Storage
Yamaha’s collision judging system stores data. The data is over written every few minutes unless there is a collision. If there is a collision, the collision is classified, and intensity of the collision is judged. Data surrounding the time before and just after the collision is permanently stored and/or transmitted to a remote site.
Yamaha suggested video could be saved from 30 seconds before the accident through 5 seconds after the accident.
Boat Rental Applications
Yamaha’s patent mentions their collision monitoring device has special application to the boat rental market. Marinas could check the system for any impacts when the boat comes back in after a rental. The system could wirelessly report to the marina. In addition, Yamaha’s collision system can estimate damage to the propeller after a collision.
Similarly, the system could be used by individuals who loan out or charter their boat. When the boat comes back they can check it’s status. They could even monitor their boat in real time.
While not specifically mentioned, they system could also be applicable to larger sailboats.
Outboard motor / marine drive collisions
Outboard motor trim and tilt ranges
The system appears to classify medium intensity log strikes as opposed to catastrophic log strikes. Their highest impact rating goes is awarded when the drive flips up an additional 120 percent of the normal trim range. As we understand it, that means a flip up of 120 percent of 15 degrees in addition to the trim at time of impact. If the drive was trimmed up 7 degrees, their highest impact rating would be given for the drive flipping up another 1.2 X 15 degrees. Or reaching a trim/tilt of a total of 7 degrees plus 18 degrees = 25 degrees.
Catastrophic strikes bring the outboard on up toward maximum tilt. In some instances outboard motors can break off after maximum tilt and flip into the boat. The engine may still be running as is the propeller.
Some drives break off before the drive clears the object. In that event, the failure would be obvious and would not need to be recorded.
Marine drives that are unable to clear the object or take an abnormal time to clear the object might not be classified as driftwood hits.
Judging Driftwood Hits / Log Strikes
Yamaha reveals a system in Figure 5 in which they use the rate of change of trim, along with the maximum change in trim/tilt to judge or rate the intensity of a log strike.
Yamaha outboard motor / marine drive impact intensity scoring system
System Cost
The full system could require additional sensors, computing power, and a data storage system.
Yamaha notes “All of the data used in the above-described detection of the occurrence of the propeller hit performed by the ECU is able to be obtained by the existing sensors, etc. of the outboard motor. Therefore it is not necessary to add any additional sensors, etc. in order to perform the detection of the occurrence of the propeller hit, and it is possible to suppress the cost.”
While Yamaha does not mention it, this system could also be useful in detecting and recording human propeller strikes. One problem however, could be some propeller accidents occur shortly after the engine is started. Yamaha’s system does not detect propeller strikes till the engine cylinder walls warm up and engine RPM becomes more stable.
Patentability
Patentability is determined by patent examiners at the U.S. Patent Office. Several systems in this category (monitoring / recording log strikes) have already shown up in the patent system. We even suggested one ourselves.
We note Yamaha cites two of their previous Japanese Patents related to this invention. Thus, we may see one or more additional U.S. Patent Applications related to this device. Sometimes manufacturers use one patent to protect the methods used by the device and another patent to protect the device itself.
Related patents and inventions include
Suzuki Japanese Patent JP5810881 (B2) – 2015-11-11. “Device, Method and Program for Controlling Collision of Outboard Motor”. Suzuki records tilt vs rate of change of tilt during impacts. See Approaches to Prevent Outboard Motors From Flipping Into Boats pages 167-169. Note the invention is incorrectly attributed to Yamaha in that publication. It is a Suzuki invention.
Brunswick: Brunswick filed separate system and method patents for detecting and recording marine drive impacts including their severity. Both patents determine an underwater impact occurred and its severity by monitoring the rate of change of trim and comparing rate of change to a stored value. See Approaches to Prevent Outboard Motors From Flipping Into Boats: Supplement 1 pages 52-54.
U.S. Patent 10,214,271 Systems and Methods for Monitoring Underwater Impacts to Marine Propulsion Devices. Issued 26 February 2019. This patent has the METHOD claims.
U.S. Patent 10,577,068 Systems and Methods for Monitoring Underwater Impacts to Marine Propulsion Devices. Issued 3 March 2020. This patent has the SYSTEM claims.
A bass angler was fishing on Santee Cooper Lake in South Carolina. His Mercury Pro XS outboard motor struck a floating log at about 55 miles per hour.
The outboard motor broke off at the swivel bracket during the October 2023 accident. Several large Mercury outboard motor swivel brackets have failed, allowing the outboard to flip into the boat.
The Leash is available from Precision Sonar. The Leash prevented this bass fisherman’s Mercury outboard from entering his Ranger boat and killing or maiming him.
Mercury Marine Pro XS outboard motor broke off Ranger boat and was restrained from flipping into the boat by The Leash
This swivel bracket broke horizontally across the top near the serial number tag, as seen below.
The Leash is in the lower part of the image. Part of The Leash’s cover came off during the accident (see the brown rope-like color).
Mercury Marine Pro XS outboard motor swivel bracket broke in Santee Cooper log strike
This bass fisherman used his trolling motor to get back to the boat landing and lived to fish another day.
See this Precision Sonar Facebook post for additional photos and details on this accident.
More Information on The Leash
More information and several great photos are available from Precision Sonar’s Facebook Page.
The image below shows two Mercury outboards with The Leash installed. Other methods of installation are now available.
The Leash: left and right views side by side
Rex Chambers and his fishing partner were injured in 2014 when they struck a submerged log. The 250 horsepower Mercury outboard motor broke off, and flipped into the boat still under power.
Rex later posted a video on his Facebook page about The Leash.
We liked his down home, straight forward talk and how he is able to speak from personal experience of the need to tether large outboard motors. He has since passed on, but was and continues to be bass fishing great.
Honda Motor Co of Japan filed a U.S. patent application for a propeller guard partially consisting of an air bag
The patent application, US 2023/0278686 A1 “Outboard Motor Control Apparatus and Control Method for Outboard Motor” was published by the U.S. Patent and Trademark Office on September 7, 2023.
Honda’s patent application has to do with preventing propeller contact with objects or people behind the vessel. It also focuses on preventing objects from winding up on the propeller. This post will focus on Honda’s efforts to prevent people from being stuck by a propeller while behind a boat.
An image of the device is shown below:
Honda air bag propeller guard patent drawing
The device consists of a soft, elastic rearward protrusion from the propeller containing an airbag.
How Honda’s Airbag Propeller Guard Works
First, please note Honda does not refer to this invention as a propeller guard. They call it an “Outboard Motor Control Apparatus and Control Method for Outboard Motor”.
If someone contacts the soft, elastic protrusion behind the propeller, it mitigates their impact. Then the resistance to rotation begins to slow the rotational speed of the propeller. Or, it begins to slow the acceleration of the rotational speed of the propeller. Thresholds are determined and programed into the Engine Control Unit (ECU). This slowing or rate of slowing can also be used to determine if it is a person or not. The system can affirm a person is there via infrared sensors or a camera.
An alarm can be sounded depending on what is in contact with the protrusion behind the propeller.
If it is a human, priority can be assigned to this finding. Propeller rotation can be quickly stopped and an air bag can be inflated to push the human away from the propeller.
The air bag can also slow the human down if they were rapidly approaching the propeller.
The Diagram below shows how the system basically works.
Note the power system is referred to as “the prime mover” leaving room to cover fossil fuel engines, battery powered outboards, or other prime movers.
Honda air bag propeller guard diagram patent drawing
The Logic System
The basic logic used by the ECU to make decisions surrounding this propeller guard or virtual propeller guard is shown below.
Honda air bag propeller guard logic map patent drawing
Other Features
The patent application speaks of urgently stopping the rotation of the propeller. However it does not elaborate on how that will be done.
The soft, elastic protrusion containing the airbag can be detached from the propeller. This makes it easily installable for specific applications. No specific applications are listed. Some potential outboard powered boat applications that come to mind are:
skiing and tubing
rental houseboats
rental pontoon boats
dive boats
boats used in “raft ups”
youth sailing coach boats
rescue boats and flood rescue boats
Some might suggest their use on outboard motor powered boats during wake surfing. That is a debate for another time
military applications
protecting commercial diver airlines from the propeller
military minesweeper arrays on the surface of the water, towed by helicopters use very expensive cables that might be protected by this device
Even More Features
Honda’s patent application describes an emergency button on the outboard motor at a location that could be triggered by swimmers that feel they are in danger.
Most outboard motors are used with through prop exhaust. This patent application does not explain the details of that feature.
There may be additional patent applications coming with greater details on certain elements of this invention.
Automotive airbags and refilling them can be very expensive. Many boaters are used to more economical cartridges used to inflate life jackets. No mention is made of the cost of Honda’s approach.
The system is adaptable to boats powered by multiple outboard motors.
Mechanics of Filing This Patent Application
Honda Motor first filed a patent application in Japan on December 28, 2021.
Almost a year later, they filed the U.S. patent application on December 13, 2022.
The U.S. Patent Application was published September 7, 2023.
Our Comments
We salute Honda Motor for thinking outside of the box and placing one more approach to boat propeller safety in the literature.
We hope Honda is able to bring this device to market and generate more interest in this field.
Malibu reports the safety alert is due to a tragic incident that occurred with a Malibu Response LX boat. A passenger was washed out of the bow seating during a bow swamping incident. The passenger was then hit by the propeller and died.
2000 Malibu Response LX Courtesy OnlyInboards.com
To prevent this from occurring again, Malibu now prohibits passengers in the bow of similar boats, while the boat is in motion. They will provide updated capacity labels and warning stickers reflecting this new safety policy.
The Safety Alert identifies specific Sunsetter, Mystere, Echelon, Response, and Sportster models and years subject to this change.
Malibu Boats notes their commitment to safety. “We sincerely regret that a Malibu branded boat was involved in such a tragic accident. Malibu is committed to the continuous improvement and safety of watercraft.”
In closing Malibu notes they understand reducing your boat’s seating capacity is an inconvenience, and apologizes for doing so.
The Safety Alert
Malibu’s Safety Alert is available in pdf format from a link at the top of this post. The Safety Alert is also available in the images below:
As is often done in situations like this, Malibu prepared a Service Advisory version of the Safety Alert specifically for their dealers. The Dealer Service Advisory conveys similar information in abbreviated form. It also tells them to provide the following instruction to owners of these specific boats. “DO NOT allow passengers in the bow area while in motion.”
Malibu Boats Dealer Service Advisory: Bow Seating Hazard
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 seating in the bow. Some were referred to as “hot tubs” because the bow was closed in from behind by the helm. To get between bow seating and the main seating of the boat, you had to open the windshield and crawl over the helm.
See the Malibu Response LX image below:
2000 Malibu Response LX Courtesy OnlyInboards.com
As early as 1994, rec.sports.waterski on UseNet (pre modern Internet forums) discussed the safety of children in the open bow of ski boats. See “Open vs. Closed bow” John A. Knapp. rec.boats.waterski. 13 November 1994.
Ski boats turned to downward sloping bows and low freeboard (distance from gunnel to the water). This allows the operator to see over the bow a little better during takeoff. It also provides an aesthetic side view of the vessel. However, these features make it easier to take water over the bow and experience bow swamping.
The Mastercraft Accident
July 9, 2006, Bethany Mercer (then Bethany Wallenburg) and Niki Bell were on Lake Oroville (California) in a MasterCraft X-45 wake board boat. Both women were in the open bow. They were both washed out, and very severely struck by the propeller.
This accident grew into a legal case, Robert Bell vs. MasterCraft Company. Much of the case focused on the design of the boat. However, the accident originated with the two women being washed from the bow, and ended with them both being struck by the propeller.
MasterCraft X45 boat
The jury rendered a $31.4 million verdict on June 7th, 2011.
The towboat industry immediately went into a fury developing warnings for their boats and operators manuals regarding open bows and bow swamping. These new warnings typically limited the open bow capacity to “X” pounds and/or required an adult in the bow if children were present, and/or limited bow capacity to “Y” individuals.
The Incident
Malibu Boats says a tragic incident involving A Malibu Response LX boat triggered this bow seating Safety Alert. They further identify the boat as a 2000 Malibu Response LX boat.
I do not recall previously seeing a Safety Alert / Service Bulletin / or Product Recall being attributed to one specific accident.
While not stated in the Safety Alert, the incident cited is obviously the 17 July 2014 Georgia accident in which 7 year old Ryan Batchelder was killed. The accident resulted in a legal case, Batchelder vs. Malibu Boats. On 28 May 2021 the judge issued a $200 million verdict against Malibu. On 30 June 2023, Malibu reached a settlement to pay $100 million.
Eighteen days later, Malibu released this Safety Alert.
Malibu Boats West, Inc.
In the Batchelder case, Malibu Boats LLC expended great effort to prove they had nothing to do with boats designed and manufactured by Malibu West. However, the jury did not agree.
It seems a bit unusual that Malibu Boats LLC is still trying to make that claim in this Safety Alert (see image clips from the Safety Alert below). What entity built the boat seems of little interest to those receiving the Safety Alert.
Malibu Boats Safety Alert clip 1
Malibu Boats Safety Alert clip 2
Authority to Issue the Safety Alert
Malibu Boats LLC is saying they did not design or manufacture these boats and have nothing to do with them other than purchasing some assets from Malibu West in 2006. If so, it seems odd Malibu Boats LLC is able to issue Safety Alerts pertaining to these vessels and tell current owners no one can be in the open bow while underway.
It is almost as if they could issue a Safety Alert for certain Brunswick boats and place some limitations upon their use.
Increasing Awareness of the Safety Alert
Malibu Boats has long had a major internet presence. They have a website, multiple social media outlets as well as independent forums such as The Malibu Crew. I found no mention by Malibu of this Safety Alert on their various social media platforms. Malibu boater owners on The Malibu Crew were left to speculate about what the the Safety Alert said, and which vessels it applied to. A great opportunity to contact existing owners through these numerous outlets was missed.
The URL provided on the Safety Alert itself (malibuboats.com/safeboating) leads to a web page requesting your information and your knowledge of the most current owner of the boat. It also contains a link to the actual Safety Alert as seen the image below.
Malibu Safe Boating page requesting your contact information and information on your boat
While the above page is on Malibu’s website. There is no way to see it or find it unless you know it exists.
Malibu Boat’s Commitment to Safety
Malibu closes their Safety Alert confirming their commitment to safety.
Malibu Safety Alert clip 3, their commitment to safety
Malibu Boat’s commitment to safety (above) seems a bit challenging to resolve in this specific instance to resolve with:
Malibu taking 9 years to publish this Safety Alert (accident in 2014, Safety Alert published in 2023).
At the conclusion of the Batchelder trial, Malibu requested a new trial. The judge issued an order rejecting Malibu’s request on July 18, 2022. The following statement, written by the judge, comes from that order.
“Compelling evidence established that Malibu made repeated conscious decisions to not warn of a known safety defect, it mocked customers who attempted to raise concerns about bow swamping, it decided to warn about the risks of bow swamping on new boats, including the Response LX, while refusing to warn on identical boats it had already sold, despite knowing that the swamping risk posed the life-threatening hazard of “washing a small child from the bow.””
There were numerous other bow swamping events involving the vessels listed over this time period. One of the most notable being the Kreush accident which claimed the life of a four year old boy. The specific vessel in that instance was a 2004 Malibu Response LXi open bow ski boat. See news clip below.
Kreusch fatal boat bow swamping accident involving a Malibu LXi boat built in 2004
Per the Ohio Department of Natural Resources boat accident report, the boy in the Kreusch accident was wearing a life jacket and entrapped in the boat propeller, as was Ryan Batchelder 7 years later.
Post Sale Monitoring Product Safety
We provide free, extensive post sale safety monitoring training materials. They can help boat builders and marine drive manufacturers desiring to monitor the safety of their products in the field.
One wonders if the Batchelder lawsuit and this action by Malibu will cause another ripple through the industry like the MasterCraft accident. We may see a new interest in bow riding warnings and warning labels on these older vessels and newer vessels as well.
Walter Greer, age 3 from Salt Lake City, was on a wakeboard boat with his family. They were on Echo Reservoir northwest of Coalville (Utah) Sunday, August 13, 2023.
About 4:45pm Walter Greer fell from the wakeboard boat. Walter was fatally struck by the boat propeller.
Walter was wearing a life jacket when he fell overboard and when his body was recovered.
The young boy liked Spiderman, trucks, boots, and trains.
The Boat & Official Comments
Utah Division of State Parks representative Devan Chavez said the family was water skiing behind a wakeboard style boat at the time of the accident.
Wake board boat in Walter Greer boat propeller accident on Echo Reservoir.
The open bow wakeboard boat appears to be a Pickle Fork design. It is a little broader at the front of the bow than traditional wakeboard boats.
Park Rangers recovered the young boy’s body. Authorities pronounced Walter Greer dead at the scene.
Police do not suspect foul play or DUI, and report it was just “an unfortunate and tragic accident.”
Agencies Responding
Agencies responding to the accident included:
Utah State Parks
Utah State Bureau of Investigation
Summit County Sheriff’s Office
Utah Highway Patrol
North Summit Flyer District
University of Utah Health AirMed
Utah Division of Outdoor Recreation
A GoFundMe page for Walter Enslin Greer identified Walter’s parents as Alex and Doug.
How Did The Accident Happen?
Few details other than it being a wakeboard style boat have been provided thus far.
As is typically the case, many online comments are highly critical of the family. They jump to all kinds of negative conclusions with few details provided.
We will join in the speculation.
The Details / Facts
About the only details are:
1. The boy was on the wakeboard boat with his family. No total number of people is provided. However, it was him, his parents, his two older sisters, and another family.
2. The boy was wearing a life jacket.
3. No obvious DUI issues.
4. Walter Greer was fatally struck by the propeller at what news report call “the back of the boat”. Comment – this is an inboard powered boat. The propeller is back up under the sun deck and the transom a ways.
5. Most reports say Walter was obviously dead when his body was retrieved from the water by a Park Ranger. A few reports say lifesaving attempts were made. They said the recovery of Walter Greer’s body was not difficult and they did not have to search for it.
6. The wakeboard boat had an open bow per the photograph.
7. A spokesperson for Utah Division of State Parks said they were water skiing at the time of the accident.
8. Walter Greer was 3 years old.
9. It is quite normal for early facts surrounding an accident to be in error.
One Possible Conclusion
NOTE- this possible conclusion is pure speculation made on unverified facts.
Given the details above, it “sounds like” the young boy likely fell into the water somewhere over the gunnel forward of the rear half of the boat. If he had fallen overboard near the stern and they were actually water skiing (in a straight line), it is a challenging to envision him being pulled into the propeller. If they were wakeboarding it becomes more possible to be pulled into the propeller from the back half of the boat. This is due to the back of the boat typically being very deep into the water and the propeller pulling very hard at a slower speeds than water skiing.
Walter Greer probably did not fall overboard in the area of the seats right behind the windshield unless he was being held and was somehow released. But he looks like a large boy to be being held.
That leaves the open bow or the area behind the operators seat on back to about the midpoint of the boat.
His body wearing a life jacket and not being retrieved from the water til a Park Ranger arrived leads one to believe he may have been entrapped on the propeller or it may have been a catastropic propeller strike.
We anticipate more information may be forthcoming.
Since then, Malibu Boats has been trying to reduce or eliminate the jury award.
Malibu Boats, Inc filed a Form 8-K with the Security and Exchange Commission dated June 30, 2023. 8-K forms are use to report significant events to shareholders.
The 8-K report announces Malibu Boats Inc and its subsidiary, Malibu Boats LLC have reached a settlement agreement with the Batchelder family in the legal case. Per the agreement, Malibu Boats will pay the Plaintiffs (the family of Ryan Batchelder) $100 million to finally end this product liability case.
Malibu will immediately pay $40 million. $60 million will be placed in escrow to be released to the Plaintiffs upon satisfaction of certain conditions.
The Product Liability Case focused on several aspects beyond just the propeller accident, including:
Product design
Product testing
Warnings
Taking water over the bow
However this is obviously the largest verdict / award ever made in a boat propeller accident.
example of a 2000 Malibu Response LX Courtesy OnlyInboards.com
The Actual Announcement in Malibu Boats’ 8-K Report
Item 1.01. Entry into a Material Definitive Agreement.
As previously disclosed, Malibu Boats, Inc. (the “Company”) and its indirect wholly owned subsidiary, Malibu Boats, LLC (“Boats LLC”), are defendants in
the product liability case Batchelder et al. v. Malibu Boats, LLC, f/k/a Malibu Boats, Inc.; Malibu Boats West, Inc., et. al., Superior Court of Rabun County,
Georgia, Civil Action Case No. 2016-CV-0114-C (the “Batchelder I Matter”) and Boats LLC is also a defendant in a related product liability case, Stephan Paul
Batchelder and Margaret Mary Batchelder, as Natural Guardians of Josh Patrick Batchelder, a minor; Darin Batchelder, individually, and as Natural Guardian
of Zach Batchelder, a minor; and Kayla Batchelder v. Malibu Boats, LLC v. Dennis Michael Ficarra; State Court of Rabun County, Civil Action File No. 2022-
CV-0034 (the “Batchelder II Matter,” and together with the Batchelder I Matter, the “Batchelder Matters”). The Batchelder Matters involved a personal injury
accident in 2014 involving a 2000 model year Response LX boat that was manufactured by Malibu Boats West, Inc. (“West”). West is not, and has never been,
a subsidiary of the Company but was a separate legal entity whose assets were purchased by Boats LLC in 2006.
The Agreement
On June 30, 2023, the Company and Boats LLC entered into a Confidential General Release and Settlement Agreement (the “Settlement Agreement”), by and
among each of the plaintiffs in the Batchelder I Matter (the “Batchelder I Plaintiffs”) and the plaintiffs in the Batchelder II Matter (“the Batchelder II Plaintiffs,
and together with the Batchelder I Plaintiffs, the “Batchelder Plaintiffs”) in settlement of each of the Batchelder Matters. The Settlement Agreement provides
that, among other things, the Company, or Boats LLC, as the case may be, will pay (or cause to be paid) to the Batchelder Plaintiffs and their agents a total of
$100.0 million, of which (a) $40.0 million will be paid to the Batchelder Plaintiffs and their agents promptly following the execution of the Batchelder
Agreements and (b) $60.0 million will be placed in an escrow account and held by the Escrow Agent pursuant to the terms of an Escrow Agreement, which
amount will be released to the Batchelder Plaintiffs and their agents upon the satisfaction of certain conditions, as further described in the Settlement
Agreement.
The foregoing description of the Settlement Agreement is a summary and is qualified in its entirety by reference to the full text of the Settlement Agreement,
which is attached hereto as Exhibit 10.1, and such exhibit is incorporated herein by reference.
Item 2.02 Results and Operations and Financial Condition
As of July 3, 2023, the Company reaffirms its previously announced guidance for fiscal year 2023 net sales and Adjusted EBITDA margin. For fiscal year
2023, the Company anticipates net sales growth slightly over 10% year-over-year and Adjusted EBITDA margin down slightly year-over-year. The Company
expects to incur the full $100.0 million related to the settlement of the Batchelder Matters as a charge to net income for the fourth quarter of 2023. The
Company expects that all amounts paid by it with respect to the settlement of the Batchelder Matters should be tax deductible for federal and state income tax
purposes. The litigation settlement expense related to the Batchelder Matters will be excluded from net income in arriving at Adjusted EBITDA. See “NonGAAP Financial Measures” below for more information regarding Adjusted EBITDA.
Item 8.01 Other Events
Insurance Litigation
The Company and its subsidiaries, including Boats LLC, maintain liability insurance applicable to the Batchelder Matters.
On July 3, 2023, Boats LLC filed a complaint against Federal Insurance Company and Starr Indemnity & Liability Company alleging that the insurers
unreasonably failed to comply with their obligations by refusing, negligently and in bad faith, to settle covered claims within their available policy limits prior
to trial. The Company intends to vigorously pursue its claims against its insurers to recover the full settlement amount (less any monies already tendered
without reservation by the carriers). However, the Company cannot predict the outcome of such litigation.
Expected Borrowing under Revolving Credit Facility
On July 3, 2023, Boats LLC, an indirect subsidiary of the Company, notified its lenders that it intends to borrow $75.0 million under its revolving credit facility governed by the Third Amended and Restated Credit Agreement.
Malibu Boat’s Full SEC 8-K Report
The remainder of their SEC report provides the in-depth details of the settlement and of the conditions needed to release the escrow funds. It shows how much of the funds will be paid on a monthly basis to various individuals over a number of years.
