Propeller Safety Blog

Batchelder vs. Malibu: Monitoring Post Sale Safety

Posted by Gary

· Saturday, July 23rd, 2022 at 02:39 PM

· No Comments

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 various points raised by Malibu against the original verdict.

One of those points was that Malibu was not allowed to bring up in trial that there were no previous similar accidents.

Prior to the trial the judge heard a long list of things from both sides that each side would like to keep out of the trial.
In this instance the judge ruled Malibu would not be able to bring up there were no previous similar accidents AND Plaintiffs would not be able to bring up previous Malibu accidents.

Some Sources of Boat Post Sale Accident / Incident Data

Polson Enterprises was involved in identifying previous water over the bow Malibu accidents in BARD (the U.S. Coast Guard Boating Accident Report Database), in the news media, in social media, in the Malibu Crew online forum, even back in the days of USENET rec.boats and rec.sports.waterski, and otherwise available to Malibu.

While that information did not make it into the actual trial, the judge mentioned it in the order addressing issues raised by Malibu.

Open Bow Photo from Malibu-Axis Owners Facebook Page

Note, our coverage of other elements of the Judges Order is at Batchelder vs Malibu: $200 million jury verdict stands.

The portion of the order pointing out Malibu’s lack of Post Sale Monitoring of Product Safety is contained within pages 71-73 of the link provided by Clark, Fountain, LaVista, Prather & Littky-Rubin, the legal firm representing the family along with Drew Ashby at the Ashby Firm, now known as ATL.

This post begins with quotes from the judges order. It ends with tools that can help boat manufacturers monitor the safety of their boats in the field. Post Sale Monitoring allows boat builders to build safer boats and document their efforts. Read More →

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Categories : BARD Training

Tags : Batchelder, Boating Safety, Malibu, post sale monitoring

Batchelder vs Malibu: $200 million jury verdict stands

Posted by Gary

· Tuesday, July 19th, 2022 at 10:10 AM

· No Comments

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 details on the history of this case are near the end of this post.

In August 2021, the jury found Malibu guilty, awarding a total of $200 million.

Among issues in the case was Malibu’s failure to warn boat owners after Malibu knew of the hazard (2000 Malibu Response LX taking water over the bow).

Malibu Moved for New Verdict or New Trial

In September 2021, Malibu moved for a new verdict or a new trial. Issues raised by Malibu at this time included their view that Malibu LLC was not a continuation of Malibu West, they thought the punitive award was excessive, Malibu owed no duty to Ryan Batchelder, Malibu was not allowed to bring up there were no similar accidents, and more.

Both sides have been asserting their respective positions to the court since September 2021.

On Monday July 18, 2022, the court ruled on the motions and issues raised by Malibu.

The court stated, “These matters came to a hearing on May 26, 2022. After considering the parties’ written submissions, the arguments of the parties, the Court record, and all other matters proper, Malibu LLC’s action is hereby DENIED.” Read More →

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Categories : Legal Shorts

Tags : Batchelder, Malibu, post sale, post sale monitoring, Propeller Accident, Propeller Accident Trial

July 4th weekend 2022 boat propeller accidents

Posted by Gary

· Saturday, July 9th, 2022 at 01:16 PM

· 3 Comments

We noticed a significant increase in media reported boat propeller accidents over the weekend of July 4, 2022 compared to previous July 4th weekends.

We briefly list the boat propeller accidents for the 6 day period beginning Saturday July 2, 2022 below.

The list of of dozen boat propeller strike accidents includes 6 fatalities, two high profile accidents, and at least four pontoon boat related propeller strikes.

FLORIDA – PONTOON 2 July accident – 8 July 2022 KTLO of Mountain Home Arkansas “9-year-old Jonesboro girl injured in boating accident on Norfork Lake” reports a Nine year-old girl was struck by pontoon boat propeller on Norfork Lake in Arkansas on 2 July 2022. The young girl had just approached the boarding ladder when the pontoon boat operator put the boat in reverse to go pickup a group of people that had jumped off a bluff. The girl was life flighted to Springfield Missouri.
FLORIDA 2 July – 8 July JAX (Jacksonville Florida CBS47) “Local Man Loses Leg in Boating Crash” reports via video Logan Farquar (spelling uncertain) lost his leg under the Vilano bridge Saturday 2 July 2022 when a ski boat crashed into a small fishing boat Saturday night near St Augustine Florida. He lost his leg to a boat propeller while trying to save his fiancee.

Julia Budzinski accident

FATALITY VIRGINIA – HIGH PROFILE ACCIDENT 2 July accident – 3 July WRIC (Virginia) “Teen killed in boating accident on James River” reports a 17 year old girl killed by boat propeller on James River in Virginia on Saturday July 2, 2022. Two youth were floating on a tube pulled by a boat. They fell, the boat turned around to get them, that act created a wave that changed the trajectory of the boat. A 17 year old girl was ran over by the boat and fatally struck by the propeller. She was declared dead in a nearby hospital. The girl was later identified as Julia Budzinski, daughter of Mark Budzinski, a Toronto Blue Jay’s coach. This accident received a great deal of publicity.

Julie Budzinski moment of silence at a Toronto Blue Jays baseball game

Boston Herald photo

FATALITY OKLAHOMA 2 July accident – 3 July KOCO (Oklahoma) “Two drowning deaths on Oklahoma lakes mar holiday weekend” reports Braxton Byrd, 23 of Norman Oklahoma, was wake surfing on Lake Eufuala (Oklahoma) a mile south of Porum Landing Boat Ramp about 6pm Saturday July 2, 2022. He fell, the boat operator went past him, then backed up to him. Braxton Byrd was fatally struck by the propeller. He was later pronounced dead at the scene.
FATALITY TENNESSEE – PONTOON 2 July accident – 5 July 2022 Tennessean (Tennessee) “10-year-old girl dies in boating accident on Tennessee River during Fourth of July weekend” reports a ten year old girl was riding a tube pulled by a pontoon boat on the Tennessee River on Saturday 2 July. She and the tube contacted the outboard motor in Decatur County. Her injuries were fatal. While the news does not specifically mention a propeller strike, it sounds like that is what happened.
MASSACHUSETTS 3 July accident – 3 July CapCod.com (Massachusetts) “New details: Boating accident leaves one person with serious injuries “New details: Boating accident leaves one person with serious injuries” reports a 31 year old male received life threatening injuries to his leg from an outboard propeller near Barnstable / Cape Cod Massachusetts Sunday shortly after 5pm July 3rd, 2022. The boat experienced engine trouble after the accident, it was met by a boat from the Barnstable Harbormaster’s Office which delivered the man to an ambulance, which took him to a life flight helicopter. Life Flight flew the injured man to a Rhode Island Hospital Trauma Center.
ARIZONA 3 July accident – 4 July 2022 Havasu News (Arizona) “Teen suffers major injury after boating accident on Parker strip” reports Colorado River Station Marine Enforcement Unit responded to Roadrunner floating bar on Parker Strip on July 3rd. A 17 year old victim was struck in the lower extremities by a boat propeller as the boat was backing off shore. He was life flighted to a trauma center in Phoenix. Alcohol was not a factor in the accident.

Justin Sutherland accident

MINNESOTA HIGH PROFILE ACCIDENT 3 July accident – 5 July 2022 Mpls St Paul (Minneapolis Minnesota) “Family of Justin Sutherland Launches GoFundMe After Boat Accident” reports Justin Sutherland, a well known tv chef in Minnesota, was boating July 3rd. His hat blew off, he reached for it, the boat hit a wave, and he was ejected. Sutherland was struck in the head and arm by the boat propeller. “His arm is broken … His jaw is severely broken, … he sustained many lacerations.” This accident has and continues to receive a great deal of press as Sutherland is a nationally known chef.

Justin Sutherland gourmet chef

cropped from Warner Media image

FLORIDA 4 July accident – 4 July WFLA News8 (Florida) 4 July 2022 “Man struck by boat propeller near Egmont Key” reports a 46 year old man was struck by boat propeller July 4, 2022 near Egmont Key (Florida). Florida Fish and Wildlife Conservation Commission (FWC) responded to the 2pm accident. St. Petersburg Fire Rescue transported the victim to a medical facility.
FATALITY LOUISIANA – PONTOON D 4 July accident – 4 July 2022 WAFB (Louisiana) “Teen girl killed by boat propeller after going overboard; driver charged” reports Madison Bradley 17, of Slidel Lousisana, was killed by a pontoon boat propeller on July 4, 2022 when she fell from the bow (bowriding). The boat hit the wake of a passing boat, she and another person fell overboard. They were on the Blind River in Livingston Parish. Six people were on the pontoon boat.
MICHIGAN 4 July accident – 5 July 2022 Michigan Live “3 hospitalized after boat crash, propeller slicing in Bay County on July 4 weekend” reports a woman, 32 of Saginaw Michigan, was trying to push a boat off shore. The propeller was not under power at that time. She suffered a large laceration to her leg when she fell from the boat while trying to push it off shore.
FATALITY TENNESSEE – PONTOON 6 July 2022 Chattanoogan (Tennessee) “Jordan Matthews, 34, Killed In Boating Accident On Chickamauga Lake” reports Jordan Matthews, age 34 of Hamilton County TN, was bowriding an older pontoon boat on Chickamauga Lake about 1pm July 6th. He fell over the bow, was ran over by the boat, received several lacerations, and was recovered unconscious. He was taken to Rhea Medical Center after receiving CPR and was declared dead at the medical facility.
FATALITY MISSOURI 7 July accident – 12 July 2022 Branson TriLake News “Fatal Accident on Table Rock Lake” reports a 15 year old girl and a 16 year old boy were struck by a pontoon boat while swimming in Table Rock Lake on Thursday 7 July. They were swimming at Breezy Point when they were struck by a 2022 Regency pontoon which stuck a rock bluff shortly after striking them. The teenage girl was from O’Fallon Missouri. She was pronounced dead at the scene. Missouri Highway Patrol has labeled the accident as “Persons struck by a propeller/propulsion unit/water jet.
STILL FOLLOWING REPORTS – 7 July – multiple reports are coming in of a bass boat running over a pontoon boat on Lake Sam Rayburn in Texas on July 7. One dead, multiple injuries. No mention of propeller strikes but they typically occur when one boat goes over another.

You can compare of list of 2022 July 4th propeller strikes to our list of 2021 propeller strikes for the same period.

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Categories : Propeller Accident Statistics Comments

Tags : July 4th, Propeller Accident

USCG releases Recreational Boating Statistics 2021

Posted by Gary

· Wednesday, July 6th, 2022 at 01:59 PM

· No Comments

USCG Recreational Boating Statistics 2021

The U.S. Coast Guard released their annual 2021 recreational boating accident statistics report on 16 June 2022.

Total number of accidents, injuries, and deaths were down significantly in 2021.

2021 USCG NARD reported accident statistics were 4,439 accidents, 2,641 injuries, and 658 deaths.

2020 USCG BARD reported accident statistics were 5,265 accidents, 3,191 injuries, and 767 deaths

2019 USCG BARD reported accident statistics were 4,168 accidents 2,559 injuries, and 613 deaths.

USCG previously attributed the sharp increase in accidents, injuries, and fatalities in 2020 to a significant increase in boating during the pandemic.

USCG supplied no corresponding interpretation of the sharp decrease in accidents, injuries, and fatalities in 2021.

Similarly, propeller accidents, injuries, and deaths were considerably down in 2021.

2021 USCG BARD reported 188 propeller accidents, 191 injuries, and 24 deaths.

2020 USCG BARD reported 247 propeller accidents, 241 injuries, and 39 deaths.

2019 USCG BARD reported 171 propeller accidents, 155 injuries, and 35 fatalities.

Propeller accidents were considerably down in 2021 (down from 247 in 2020 to 191 in 2021).
Propeller injuries were considerable down from 241 in 2020 to 191 in 2021.
Propeller fatalities were considerably down from 39 in 2020 to 24 in 2021. Read More →

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Categories : Propeller Accident Statistics Comments

Tags : Coast Guard, Propeller Accident, Propeller Accident Statistics, USCG

Tangmo killed by boat propeller in Thailand

Posted by Gary

· Saturday, May 28th, 2022 at 12:54 PM

· 1 Comment

Tangmo
image courtesty Wiki-Drama

A beautiful young actress known as Tangmo (Nida Patcharaweeraphong, age 37) fell from a speedboat into the Chao Phaya River in Bangkok Thailand. Tangmo was on a restaurant trip with friends on Thursday February 24, 2022. Tangmo had been seated at the rear of the boat and fell in about 10:40pm. Early reports said 30 divers searched the area for her body.

The Tangmo Accident

Her body was recovered about 1 pm Saturday and found to have a large 30 centimeter long cut on her right thigh. An autopsy found she had drowned because there was mud (sand) in her lungs. The autopsy possibly caused by the boat propeller may have cut into a major artery. The cut could have limited Tangmo’s ability to help herself. Examiners could not determine if the leg cut was before or after her death.

A forensic expert said sand was found in Tangmo’s lungs indicating she was still breathing when she fell into the river. They said that due to movement of the Chao Phraya River, sand particles become suspended in the water. As a result, people do not have to hit the bottom of the river to have sand in their lungs.

Police removed the boat propeller for examination. On Wednesday they re-attached the propeller for a re-enactment of the accident. But the propeller fell off the boat as soon as it was started. Police lost the propeller of the speedboat about 6pm Tuesday March 2nd during a re-enactment of her death.

Mercury Verado outboard less propeller<br>image courtesy Bangkok Post

Mercury Verado outboard less propeller. Image courtesy Bangkok Post

As seen above, the outboard motor was a Mercury Marine Verado outboard. News reports indicate the boat was a Cobalt. Read More →

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Categories : Propeller Accident Report

Tags : Propeller Accident, Thailand

Yamaha Patent Application: Propeller Status Indicator Lights

Posted by Gary

· Thursday, May 26th, 2022 at 09:54 PM

· No Comments

Back in April 2014, Brunswick was issued U.S. Patent 8,803,711 for what eventually became Mercury’s Moving Propeller Alert device. It uses several LED lights to display a rotating pattern when the propeller is turning and the boat is stationary or barely underway. Mercury has on online brochure.

Now, in 2022, Yamaha’s U.S. Patent for a related device was printed by the US Patent and Trademark office as US Patent Application 2022/0106028 published April 7, 2022.

Yamaha cites the Brunswick patent as prior art and claims two improvements:

1. They provide a means to place to device directly on the back of the outboard motor.
2. They can provide additional information about the status of the outboard via the lights. Read More →

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Categories : Preventing Propeller Accidents

Tags : Boating Safety, moving propeller, Propeller Accident, Yamaha

Ethan’s Story: Importance of engine cut-off switches

Posted by Gary

· Friday, May 20th, 2022 at 11:05 AM

· No Comments

Ethan Issacs’ family created a great video about their wonderful son, Ethan, who is no longer with us. Ethan lost his life because a youth sailing coach failed to attach their boat engine kill switch lanyard.

In the video, the local Sarasota Florida police department recounts that day. (See our initial coverage of the accident.)

His family dropped Ethan and his brother off at the sailing school that Saturday morning, just like any other weekend.

We encourage everybody to wear their kill switch lanyard or virtual lanyard.

Watch this video on YouTube.

A big thanks to all who assisted with this video:

Mindy, Ethan’s mother
Greg, Ethan’s father
Tanner, Ethan’s brother
Linda, Ethan’s grandmother
Van, Ethan’s grandfather
Krish & Aadi two of Ethan’s classmates from Pine View School for the Gifted
Officers Ron Dixon and Michael Skinner of the Sarasota Police Marine Patrol
All those on the other side of the lens that made this video possible.

Special thanks to Officers Dixon and Skinner for their assistance to Ethan that day, and for being willing to relive those moments for this video.

It is very timely releasing this video now with National Boating Safety week and the Memorial Day Holiday are almost upon us.

Please forward a link to this page or directly to the YouTube video to your boating friends.

Be Safe Out There!

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Categories : Preventing Propeller Accidents

Tags : Boating Safety, kill switch, lanyard, Propeller Accident, youth sailing

Prevent Unauthorized Operation of Rental Boats Invention

Posted by Gary

· Tuesday, February 8th, 2022 at 06:32 PM

· No Comments

Our invention eliminates / stops / prevents unauthorized individuals from operating rental boats during the rental period, sometimes called nonauthorized operation

The disclosure below of our invention to Prevent Non-Authorized Operation of Rental Boats was posted on February 8, 2022. We will make no changes to the text below the line following this paragraph except to correct misspellings, punctuation, and to update html/computer codes and links. Any updates to the invention itself will be posted below the invention disclosure.

This invention disclosure was posted February 8, 2022.

Introduction

Boat rental operations typically require one or more individuals to check in at the facility, designate what kind of boat they want and how long they want it (reservations are sometimes made earlier), sign rental documents, pay for the rental, agree to pay for fuel used when they return, receive some instruction in how to operate the boat and its systems, receive safety instructions, sign disclaimers, and verify the condition of the propeller before they take off.

Marinas and rental facilities typically require those who will be operating the boat to sign up as operators, provide their drivers license, meet certain requirements such as be sober, don’t drink or do drugs while operating the boat, meet rental requirements of that state, and receive some onsite instruction and/or previously watch a video.

Non-authorized Users Operate Rental Boats

During the rental period, non-authorized operators often operate the boat. While authorized or non-authorized operators may be at the helm during an accident, we have seen several rental boat propeller accident cases in which a non-authorized operator was at the helm. They may:

Have previously planned to be an operator but did not complete the pre arrival training, the on site training, or meet specific requirements to be an authorized operator.
Just decide to drive a while because they want to, or to give someone a break.
Arrived in the middle or end of a multi day rental.
See what they perceive to be a dangerous situation developing and immediately take action by operating the boat
Be young children or mentally challenged individuals that just happen to have access to the keys or some other means to start the boat.
Be individuals that were not part of your party that somehow wound up on your vessel.
Not know they are non-authorized operators. They think it is fine for anybody to operate the boat and no one instructed them differently.
Consider themselves to be the most capable driver at the moment due to alcohol consumption by authorized operators
Be Law Enforcement professionals, Lake Rangers, Lake Patrol, County Sheriff’s Office, Fire Department rescue personnel, other first responders, good samaritans, marina staff, or others with legitimate needs to operate the rental vessel.

The Problem to be Solved

Prevent unauthorized operators from operating rental vessels. Read More →

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Categories : Propeller Safety Inventions

Tags : Boating Safety, invention, marina, Operator Presence Detection, rental boat

Malibu moves for new verdict / new trial in Batchelder

Posted by Gary

· Friday, September 10th, 2021 at 08:42 PM

· No Comments

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.

Ryan Batchelder
clipped from NBC Channel 4 image

Malibu says,

To the extent that the verdict and judgment impose successor liability on Malibu Boats for the actions of Malibu Boats West, Inc.—which is contrary to law and fact—Malibu Boats also moves for entry of JNOV or in the alternative for a new trial with respect to the verdict and judgment entered against Malibu Boats West, Inc.

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Categories : Legal Shorts

Tags : Batchelder, Malibu, product liability, Propeller Accident Trial

Boat Accident Trials: Harsh Forum Comments on Verdicts

Posted by Gary

· Tuesday, September 7th, 2021 at 01:50 PM

· No Comments

Boni Buehler, high profile boat propeller accident trial
resulting from a 1953 boat accident

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 weigh in on the findings of the court / Jury.

Themes typically brought up in an online boating forum discussion of a Boat Accident case / trial often include:

The McDonalds coffee case.
Remington model 700 rifle trigger cases & the Remington Sandy Hook case.
My car tires do not have guards on them.
Lawyers are blood suckers looking for deep pockets.
The boat operator is a drunken, high on drugs, irresponsible, idiot.
The boat operator is 100 percent at fault.
I can’t understand how the Jury could assign that high of a percentage of fault to the boat builder.
The boat operator should have (insert commenter’s proposed actions).
It is sad the person is deceased, but they should have (insert commenter’s proposed actions).
The jury was packed with bleeding heart city folks that know nothing about boating.
Nobody takes responsibility for their actions anymore.
You can sue anybody for anything.
Jury was full of morons.
We already have too many warning labels, and now they want more
Are they going to put a warning on (fill in the blank with something ridiculous) now?
This case is an example of why boats and everything else have become so expensive.
This award will be struck down on appeal.

The common theme is many comments are harsh negative comments about the boat operator, the injured or deceased person, the lawyers, and the jury.

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Categories : Legal Shorts

Tags : boating forums, legal, product liability, Propeller Accident Trial

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PropellerSafety.com

Batchelder vs. Malibu: Monitoring Post Sale Safety

Some Sources of Boat Post Sale Accident / Incident Data

Batchelder vs Malibu: $200 million jury verdict stands

Malibu Moved for New Verdict or New Trial

July 4th weekend 2022 boat propeller accidents

Julia Budzinski accident

Justin Sutherland accident

USCG releases Recreational Boating Statistics 2021

Tangmo killed by boat propeller in Thailand

The Tangmo Accident

Yamaha Patent Application: Propeller Status Indicator Lights

Ethan’s Story: Importance of engine cut-off switches

Prevent Unauthorized Operation of Rental Boats Invention

Introduction

Non-authorized Users Operate Rental Boats

The Problem to be Solved

Malibu moves for new verdict / new trial in Batchelder

Boat Accident Trials: Harsh Forum Comments on Verdicts

Themes typically brought up in an online boating forum discussion of a Boat Accident case / trial often include:

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