Mastercraft product liability suit

[Timmy!]

You're probably right Jeff! If I were a mfr of a picklefork boat right now, I would be writing up something right now to send to known owners so someone else doesn't use the door that is open to try and make a buck!

[bigdaddy_houseboater]

California courts are ridiculous.... What next?

http://www.paradisepost.com/news/ci_18185450

On July 9, 2006, Montz was driving a 24-foot X-45 MasterCraft wakeboarding boat on Lake Oroville with 18 other people aboard. When the boat made a turn after the wakeboarder fell, Niki Bell and Bethany Mercer, formerly Wallenburg, were washed overboard from the bow and hit by the boat's propeller.

Mercer suffered injuries to her arm, leg and back. Bell had multiple skull fractures, damage to the frontal lobe of her brain and she lost her left eye.

"If Jerry Montz knew then what he knows now, this accident would not have happened," Duncan said.

In 2006, Montz was sentenced to three years probation after he pleaded no contest to reckless or negligent operation of a vessel. Bell's father and Mercer filed the suit against MasterCraft and Montz seeking damages. While Mercer had about $60,000 in medical bills, Bell's exceed $2 million.

[wallacmc]

Oh yeah, so they find the driver at fault and then say that not only is the driver at fault but so is the boat mfr? That's confusing, how can they both be at fault? If the driver hadn't been driving reckless, would they have fallen out of the boat? I would say NO!

[RANT ON]
I will certify as the resident law student on the forum that there are ways in which multiple people or things can simultaneous be liable for the same damage. While a plaintiff cannot collect the damages she is awarded multiple times from different people, she can receive a judgment against multiple defendants under "joint and severable liability," which means that the burden of proving who really is at fault shifts to the defendants and the plaintiff is allowed to collect damages once from whomever has the deepest pockets. The classic example is when two guys are hunting and another one gets shot when the two hunters fire simultaneosly, who is at fault? We don't know for sure and we know only one of the two guys actually shot the victim. However, the law allows the burden to shift to the defendants in this type of situation and the plaintiff is allowed to collect from whichever one he wants while the two defendants try to sort it out.

All that being said, I think this case at first glance sounds like bull-$hit as to the claims against Mastercraft. However, as to the boat captain, I'm not so sympathetic. The boat was obviously overloaded, and unless there was a bunch of little kids or anorexic girls on the boat, the weight limit would surely have been busted, even if the people limit was barely complied with. When I bought my Tige, I had intermediate experience as a boater and next to no experience as a boat captain, and I take that role extremely seriously. I view the person to be driving the boat as responsible for the safety of those on board. Some may differ with me, but that is just the way I look at it. It is no different than a driver that should make sure everyone in his car is buckled up. We all know that there are some folks who ride on our boats that are experienced boaters, whether they have ever driven or owned a boat or not, and there are those that just don't "get it" because they don't have the experience. I know this because I used to be one of those inexperienced folks. The don't realize that you have to stand a certain way or you'll fall when the boat tilts or that boats don't have brakes nd other simple things we just know. I think a captain has a moral, if not legal, responsibility of creating and enforcing a safe environment for others that don't know any better. Now, if those injured weren't the newbs described above, who knows???

As for the design defect in the pickle-fork bow, I can see where the guy got the argument from, but as an RZ2 owner disagree. Because of the concave shape of the hull, water is actually deflected away from the boat, unless you catch the right wave either from the side or dead ahead and then people can be soaked. For us, this is more likely to happen when we are surfing, I turn into my own wave to quickly due to boats being in the area and me wanting to get back to my down rider for her protection. This is the biggest wave I can imagine taking on, and I can't see how even in this situation someone could get washed out unless they are sitting on the deck. Still, even in these worse case scenario, punching the throttle always rises the bow enough to keep the bow totally dry. I, like many others, suspect a powerturn, and although I doubt it is illegal, it is bad driving, especially in boat stuffed full of people. Since the hull on a pickle fork blossoms out, the deck could get mighty close to the water, especially with all of the people in the bow and even more so if the people were sitting on that side of the deck. I suspect the picklefork, in this scenario would be more likely to take on a ton of water, enough to wash people out. But again, these would be people that aren't in a situation to stay in in the first place, being seated up on the deck.

I can imagine in this case that driver visibility might have been a problem. if there are 18 people in the boat, surely there had to be a bunch in the bow, probably with some standing or sittign on the deck to make room. How in the world could a captain see the wave coming or forsee a dangerous situation. Also, I'll go ahead and be the one to say it: I'm wondering who might have been drinking and how much they had. I know this, alcohol never improves the safety situation.

This suit makes me sick, because it is the type of suit that makes people hat plaintiff's attorneys. If it weren't for plaintiff's attorneys, corporations that care more about their profit margin than their products would continue to make unsafe products and the consumer would be left holding the bag. The famous case in this regard is the McDonald's coffee case. It is the bad cases that typically get the press, but the attorneys that prosecute good civil lawsuits are the ones doing God's work, looking out for the little guy and working for free until they win, if they win, the case.

I'm always saddened by these types of stories, and I've had nightmares about what a prop could do to someone. However, the irresponsibility of the idiots that usually cause the situation in which the person was injured replaces my sadness with anger. I hope things turn out well for the injured. This is just a sad situation all aroung.

[RANT OFF]

[wallacmc]

Mastercraft Suit Update: NOT GOOD!



This is why I wouldn't want to live on the Left Coast. There has to be just a different mindset over there. I'm feeling sick to my stomach. This driver gets all of the blame from me, and as a man, he should have owned up to it. I think we can all lean from his indiscretion.

http://www.paradisepost.com/news/ci_18229727

[Surfdad]

Oh man - this whole situation is so tragic. So manufacturers are on notice that a large bow area is a lawsuit waiting to happen! Even if clearly operated in a negligent manner.

[wallacmc]

Oh man - this whole situation is so tragic. So manufacturers are on notice that a large bow area is a lawsuit waiting to happen! Even if clearly operated in a negligent manner.

not negligent, reckless. Both are legal words with significant meaning and reckless is even worse! This is so screwed up that the driver was reckless to suffer a criminal conviction for reckless driving yet takes a backseat to the deeper pockets in the civil suit. I just want to scream right now. This does not happen in a safe environment. I've been on lake Cumberland on the fourth of July with constant 3' rollers and never come close to this. I've steered and throttled through a nearly four foot surf wave to get to a downed surfer quickly without taking on a drop and have only been a boat driver for just over one year. It is all about the driver and maintaining a safe environment on the boat. YOu ahve to know when to say no - stay on the shore if there are too many people or if you want to act a certain way.

[embo]

This is why I wouldn't want to live on the Left Coast. There has to be just a different mindset over there. I'm feeling sick to my stomach. This driver gets all of the blame from me, and as a man, he should have owned up to it. I think we can all lean from his indiscretion.

http://www.paradisepost.com/news/ci_18229727

The only place there isn't a "left coast" is in Texas and Alaska. As far as I am concerned everywhere else is Left period. Bunch of people wanting something for nothing, the state I live in currently is leading all the Leftist States. IMO

The Driver should have definetly "manned up" on this one.

Agreed, we can all have a reminder as to who is "in charge" of safety for all that get on the boat. Sometimes it's not something a person wants to do...be the "stick in the mud" about how thing will or won't be done but it will be that "stick in the mud" that saves their friends and unknown peoples lives at the end of the day.

[zad0030]

Seriously?

If someone falls out of the bed of a truck, is the truck manufacturer at fault?

[Timmy!]

I guess we don't know all of the details of the case. Was there a plea bargain? Sometimes plea bargains don't match what really happened, I would guess that it could be possible that the driver was intoxicated and rather than giving him a BUI conviction that he could potentially plead down to a lesser charge of reckless driving?

[Timmy!]

This is also not so great news for Malibu who will be launching a pickle fork model for 2012...

[TonyTheTige]

So let me get this straight....the next time I'm driving down the highway doing 100mph (limit is 65 in SoCal), crash and hurt one of my passengers, I can sue Ford? Last I checked, Ford doesn't test their vehicles at 100mph. What if I crammed 15 people in my Explorer and someone fell out of the door because they couldn't get it closed? Am I responsible or is Ford?

This ridiculous case is making for a slippery slope!

[ragboy]

We were on the lake, and on the ramp when medical units were taking these people off the lake. There were almost 20 people on the boat, I believe the paper said 18 + rider. It was pretty clear at the time there was drinking involved, and this guys does a power turn. This all happened at a part of the lake that local families (like us) stay away from. Where everyone gets out of hand on holiday weekends and alcohol is always an issue. Think of it like the sandbar north of havasu, but less people.

The fact they are now blaming the boat, is pretty pathetic. This has been a tragic story in our community since it happened. You have to feel sorry for that girl and her family, at the same time, she shouldn't have been on that boat. They were all asking for trouble. Its a common thing up here, dude with $$ buys a hot boat and fills it up with girls from the area or from Chico state looking for a good time.

Its too bad, just makes it harder for the rest of us.

[NICKYPOO]

I don't think a jury of his actual peers (other boaters) would have been talked into MC being at fault.

I smell a rat.

[Timmy!]

It sounds like the trial wasn't in a big city?

[ragboy]

Butte county is like the poorest county in California. The trial was in butte county and the county seat is in Oroville, so I assume the trial was in Oroville. I don't live in Oroville, I live in the mountains just above Paradise, also in Butte county. I can tell you that this county is filled with people that continually seek unemployment, welfare, etc, and the attitudes that go with it. Anti government, anti big business, you know what I mean? I don't fault the parents for looking out to get their kid covered, her injuries were horrendous. Basically she took a prop to the face and it chewed her up and she lost her eye. The articles that first came out when the accident happened were pretty gut wrenching.

Bad luck for Mastercraft I guess, for this all happening here, but who is to say it wouldn't come down the same way anywhere else. The driver was OBVIOUSLY grossly negligent, we were there when they pulled them in, and talked to the ranger and the marina administrator that called services and such.

At the same time, these pickle fork bows are definitely more succeptible to taking in water and you have to be more careful. I am guessing this will affect future boat designs, and with that kind of judgement, may make manufacturers worry about liability for what is already out on the water. Bummer.

Definitely gives a sober thought to making sure we all be reasonably safe when having the kind of fun we do.