$200m Lawsuit against boat maker

[Benthic2]

Full details in the link but basically 4 kids in the front of a bowrider skiboat. Boat is doing 5-7mph and burries the bow. 1 kid swept out and run over and dies from drowning and bloodloss.

Lawyers argued boat was unsafe because Malibu boats designed it by cutting a hole in the foredeck of an existing boat design, making the boat unsafe.

Jury apportions fault as 75% operator error/25% boat design flaw, but awards the family $80M for pain and suffering and $120M for punative damages.

Oh yeah...the boat was rented to the operator.

My stance on corporate responsibility and accountability is certainly to the left of average, but this just seems ourtrageous!! I have spent a lot of time with little kids in a small bowrider....it's dangerous to put too much weight up front and boat speed is needed to keep the bow up. This become aparent almost immediately when piloting a boat like this.

If the operator was 75% at fault the damages ridiculously high. If anyone had an obligation to instruct or warn the operator it would be the rental company.

In a sane world the defense would have been as simple as "There are a gazillion of this type of boat all over the country, and people are not falling out of the front of them, and that should have been the end of it.

This source is a press release by the winning legal firm so its a little slanted but it had more of the details than the other news stories I found.

https://www.prnewswire.com/news-rel...to-a-defectively-designed-boat-301365564.html

 

[Benthic2]

here's an example of the boat in question

note: There is no walk thru from the bow area to the rest of the boat.

 

[ksanders]

I just read up on the lawsuit using various easy to find sources on the net.

That particular boat had over 500 hours of use over 14 years by the families that owned it prior to it being sold to the marina and placed into the rental fleet.

My opinion is this is more a case of a plantiff going after the manufacturer because they had deep pockets than an actual safety issue with the boat.

i also believe that the award of two hundred million dollars is a clear case of the current trend in America blaming anybody other than yourself for your actions.

Any actual blame other than the operator seems to me to rest upon the marina that rented the boat, not the manufacturer.

Did the marina for example brief the operator on how to properly load the boat. did they warn the operator of the risk that large waves present to occupants on the bow?

Remember that the operator is deemed to have zero experience with boats unless otherwise known to be different to the renting agency.

but... The marina has shallow pockets, and the manufacturer has deep pockets.

 

[Benthic2]

This is not like tobacco companies hiding the data that says cigarettes are dangerous, or Ford selling the Pinto knowing it could explode. What does Malibu do now that there are hundreds ( or thousands ? ) of these boats out there ? Now that it is on record that the design is flawed each of those boats is a liability for them. Do they have to issue a recall on boats that are 20+ years old ? I really hope this is appealed and overturned. This sets a terrible precedent.

 

[CharlieO.]

There's also video's on you tube of people doing that for fun (burying the bow) I forget what they call it.

 

[psneeld]

Ignorance......

 

[OldDan1943]

Ignorance......

I might go for stupidity.
Ignorance can be cured via instruction and experience.
Stupidity..... no hope.

 

[Moby Nick]

Tell'ya what, though; if I were in the market for a bow rider, it wouldn't be that boat. With the combination of reverse shear at the bow, and carrying the hole that far forward, along with today's typical lack of buoyancy at the bow it's surprising there haven't been more reports of this sort of thing.

 

[Moby Nick]

As Weston Farmer once write about the almost plumb bow on his Sundance, "the plumb bow gives her legs to stand on in a seaway".

 

[Group9]

Modern personal injury jurisprudence is rooted in the idea that there is no act you can commit, no matter how dumb, that is not someone else’s fault if you get injured by doing it.

 

[Seevee]

Unfortunately, this kind of crazy, unwarranted awards is going to kill us.


It's the reason that the boat will now cost double from what it used to.


It's the reason aviation is dying a slow death.


It's the reason doctors are so expensive and doing "cover you ass" procedures.


It's the reason insurance premiums are going crazy.


When we people take responsibility for their own actions. When will people quit blaming others for their mistakes.



Too bad that 98% of the lawyers make all the rest look bad.

 

[HTurner]

One word -- barratry -- that is the problem.

 

[RT Firefly]

Greetings,
Mr. HT. Had to look that one up. Thanks, interesting but don't quote me on that.

 

[HTurner]

Greetings,
Mr. HT. Had to look that one up. Thanks, interesting but don't quote me on that.

It also normally known as ambulance chasing. I am sure this family was barraged by attorneys since the accident. The one with the best pitch got the case.

 

[koliver]

Unfortunately, this kind of crazy, unwarranted awards is going to kill us.


It's the reason that the boat will now cost double from what it used to.


It's the reason aviation is dying a slow death.


It's the reason doctors are so expensive and doing "cover you ass" procedures.


It's the reason insurance premiums are going crazy.


When we people take responsibility for their own actions. When will people quit blaming others for their mistakes.



Too bad that 98% of the lawyers make all the rest look bad.

Assuming no insurance coverage for the boat operator, a split of allocation at 75/25 still leaves the insured designer/builder liable for the whole amount. Sure, they are entitled to indemnification by the 75% liable, uninsured party, but will never collect.

 

[localboy]

Why don’t sharks attack lawyers? Professional courtesy.

 

[Alaskaflyer]

$200m Lawsuite againt boat maker

Assuming no insurance coverage for the boat operator, a split of allocation at 75/25 still leaves the insured designer/builder liable for the whole amount. Sure, they are entitled to indemnification by the 75% liable, uninsured party, but will never collect.

The way I read it, the operator was (one of) the plaintiff(s) - the parent or parents, if so some portion of the award to them in effect would be reduced to 25% of the total. Whether this would apply to punitive damages or to the entirety of the negligence award varies from state to state and also depends on some technicalities of who all of the plaintiffs were.

The gobbly gook in the press release about the specific dollar amounts makes that unclear, which was probably intentional.

 

[BandB]

Every boat I've ever rented, the rental party made us sign away all possible rights to litigation and recovery. I don't know the circumstances in this case.

As to lawyers, I don't join the condemnation. People come to them with cases, willing to pay for representation, and they feel there is some case and do their job. They work within the system. Is the system broken? I'd rather say it's imperfect.

Now, the rest of the story will proceed and the "winning party" will never seen anything close to the amount awarded. Judges and courts will reduce it, negotiation and settlement will take place, and eventually years from now, they'll get some smaller amount.

Often the biggest problem with our justice system in cases like this is juries. They can be swayed by emotion rather than good legal thinking. They're likely not boaters and not knowledgeable in what they had to decide. Large companies in court against harmed individuals in cases of this type are at severe disadvantages. This is similar to poor family vs. wealthy surgeon and even wealthier hospital. Jury isn't expert at weighing the legal liability but they are able to way what they feel is human equity and they are able to more easily relate to one side than the other.

 

[gsholz]

I suspect this did not happen during normal operation of the boat. Look up "ski boat submarine maneuver" on youtube. Essentially throwing the boat into full throttle reverse while going forward at a good clip. Forces the bow to submarine. Common stunt with ski boats. Not recommended with open bow ski boats.

 

[phillippeterson]

Unfortunately, this kind of crazy, unwarranted awards is going to kill us.


It's the reason that the boat will now cost double from what it used to.


It's the reason aviation is dying a slow death.


It's the reason doctors are so expensive and doing "cover you ass" procedures.


It's the reason insurance premiums are going crazy.


When we people take responsibility for their own actions. When will people quit blaming others for their mistakes.



Too bad that 98% of the lawyers make all the rest look bad.

I had a Cessna executive tell me that they could reduce the cost of their piston line by one-third and still make all the profit they are looking for. The extra fifty percent markup is for the legal funds. What's the first thing a newly minted pilot does? He takes three friends up for a flight on a hot summer day. His plane will be overloaded, with reduced performance on a hot day, and he can't get the plane to fly even after using up all the runway. He crashes into the trees at the edge of the airport and kills everybody. Family sues Cessna.

As far as insurance goes, I usually carried one million dollar coverage and the last time I renewed they carrier would only issue a one hundred thousand policy. I was told that lawyers will go after "damages" equal to the policy limit. So, the insurer has started reducing the liability coverage and now only gets sued for the lesser amount.

If it weren't for lawyers we wouldn't need lawyers.

 

[denverd0n]

If it weren't for lawyers we wouldn't need lawyers.

Or, as the old saying goes... One lawyer in a town will go broke. Two lawyers in a town will get rich.

 

[lwarden]

I totally disagree with this judgement. That Malibu is a performance, tournament ski boat designed for use on flat water. Use of it in a rental fleet in an area which is prone to large waves or wakes is irresponsible and this lies on the rental agency, not the boat manufacturer. If you don't know how to drive a tournament boat and take that boat into unprotected waters you can have real trouble. The last party to be blamed should have been Malibu.

The boat operator bares the main blame for taking the boat out and being inexperienced. Second should be the rental fleet owner for renting an unsuitable boat for the conditions.

I wish I'd been on that jury panel....

 

[ctjstr]

you guys sound like one giant advertisement for the insurance industry.

 

[BruceK]

Modern personal injury jurisprudence is rooted in the idea that there is no act you can commit, no matter how dumb, that is not someone else’s fault if you get injured by doing it.

Or, as said in some jurisdictions,adopting a fairground attraction puffery boast: "Every Player Wins A Prize".

 

[psneeld]

I totally disagree with this judgement. That Malibu is a performance, tournament ski boat designed for use on flat water. Use of it in a rental fleet in an area which is prone to large waves or wakes is irresponsible and this lies on the rental agency, not the boat manufacturer. If you don't know how to drive a tournament boat and take that boat into unprotected waters you can have real trouble. The last party to be blamed should have been Malibu.

The boat operator bares the main blame for taking the boat out and being inexperienced. Second should be the rental fleet owner for renting an unsuitable boat for the conditions.

I wish I'd been on that jury panel....

My first thoughts too. Would have to know more details though as to who was worse, the rental company or the operator.

I ungrounded or towed a lot of ski boats through the years never found or saw one in open waters. Sure found all kinds of little, unsuitable rigs all over, even out in the ocean....but done recall any ski boats.

My territory had a lot of back bay behind rich towns, so there were quite a few fancy ski platforms.

 

[Benthic2]

I used to run a 17 foot Bayliner bowrider in the ocean. I've even been out to Stellwagen Bank a few times in it. ( about 10 miles offshore ) It can be done under the right conditions. However there were times I would launch it and just stay in the river because even the conditions inside the harbor would have been too much.

 

[psneeld]

Not all bowriders are created equal......

 

[lwarden]

Tournament boats are not Bayliners. You power off a tournament boat hard and it will plunge the bow down since the prop does not freewheel as easily and acts as a brake. It can be pretty severe and done at the wrong time along with an incoming swell can swamp the boat. That doesn't happen with I/O's or outboards since their props freewheel. Also, tournament boats with direct drive like this Malibu have the CG in the middle, not at the rear which makes things more dramatic and not at all like a typical runabout.

 

[bfloyd4445]

Full details in the link but basically 4 kids in the front of a bowrider skiboat. Boat is doing 5-7mph and burries the bow. 1 kid swept out and run over and dies from drowning and bloodloss.

Lawyers argued boat was unsafe because Malibu boats designed it by cutting a hole in the foredeck of an existing boat design, making the boat unsafe.

Jury apportions fault as 75% operator error/25% boat design flaw, but awards the family $80M for pain and suffering and $120M for punative damages.

Oh yeah...the boat was rented to the operator.

My stance on corporate responsibility and accountability is certainly to the left of average, but this just seems ourtrageous!! I have spent a lot of time with little kids in a small bowrider....it's dangerous to put too much weight up front and boat speed is needed to keep the bow up. This become aparent almost immediately when piloting a boat like this.

If the operator was 75% at fault the damages ridiculously high. If anyone had an obligation to instruct or warn the operator it would be the rental company.

In a sane world the defense would have been as simple as "There are a gazillion of this type of boat all over the country, and people are not falling out of the front of them, and that should have been the end of it.

This source is a press release by the winning legal firm so its a little slanted but it had more of the details than the other news stories I found.

https://www.prnewswire.com/news-rel...to-a-defectively-designed-boat-301365564.html

I've always avoided small bowriders because my experiance was thats were everyone wants to be creating a very dangerous situation. This a rental means the renter was likely not a boat owner and was only used to driving a car so it dosen't surprise me that he messed up. Everyone new to this size and stryle boat learns very quickley to limit people in the bow.

 

[Bacchus]

I will bet it gets reduced on appeal...
Any betting people ot there?

How many of these large case $ announcements get reduced and you never hear about it as it doesn't have the attention getting power the original announcement gets.