A Product Liability Case: Ski Boating Accident and What You Should Be Aware Of?
During the warm weather, many people like to try and enjoy the open water. For some, this means going to the beach or pool for a swim. For others, they may enjoy taking a boat or jet ski out to go tubing or water skiing. When people do decide to climb into a boat and take it out for a spin, it is important to make sure that all of the proper safety precautions are taken to minimize the chance of any catastrophic injuries. For some, this warning simply came too late, as a recent case report of a boating accident described.
A Review: A Case Report of a Serious Boating Accident
For those unfamiliar, a recent, heartbreaking case report was published of a family who lost a child in a boating accident. They were out on a boat for some afternoon fun when the bow of the boat actually dipped beneath the surface of the waves. The occupants were thrown from the boat itself and, unfortunately, one of their children fell off of the back of the boat and was caught in the propeller. He had his leg amputated by the motion of the propeller and subsequently died due to a combination of drowning and massive blood loss. This case helps to highlight the dangers of boating accidents and demonstrates that further action is necessary to try and prevent these accidents from happening in the future.
Why do Boats Tip Over?
One of the major questions that comes out of an accident such as this is why the boat tipped over in the first place? The reason why the bow of the boat dipped under the surface of the water is that the weight at the front of the boat far exceeded the back of the boat. Like a see-saw, the front of the boat was subsequently pushed to a level lower than the back of the boat. This also means that the boat dipped under the surface of the water. As the boat dipped under the water, the boat subsequently filled with water, causing it to tip. It is essential that boats are adequately tested to make sure that they do not capsize as easily as this one did.
Lessons Learned from the Boating Accident: A New Legacy
Out of the tragedy of the boating accident, the family involved doesn’t just want their son to be remembered, they want something to be different because of this accident. The family is striving to ensure that the world has safer boats as a result of this accident. Unfortunately, right now, the legislation surrounding the testing of boats is limited. Not every boat is tested to the fullest extent possible, such as this one to occur. It is important to make sure that boats, moving forward, have weight distributions and limitations clearly marked throughout the body of the boat. This will prevent boats from tipping in accidents such as the one described above.
A Lawsuit has been Filed
In an effort to try and make this idea a reality, the family has filed a lawsuit against the boating company, Malibu Bowrider, making the claim that the boating company did not adequately test the boat in the same way that is was likely to be used. Furthermore, the boat was marketed to be used a certain way and, despite this, the boat was not tested in this way. Because of this, the lawsuit alleges, the boat was not able to be safely used in the manner which it was marketed. For this reason, the boating accident occurred. Through this lawsuit, the family seeks to send the message that the current manner of testing is not enough.
A Relaxed Design Process
Throughout the lawsuit thus far, it has been discovered that the design process of the boat involved in the accident has been more relaxed. One of the founders of the company has already stated that the bow used in the boat involved in the accident was simply cut from another already existing boat. Then, more seats were added. It was the belief at the time that the boat would sell better if it had more seating. This indicates that the bow which dipped beneath the surface of the water was not designed specifically for the added seating. Instead, it was simply cut from another existing boat. This kind of relaxed design process could have led to the disastrous accident that occurred on that fateful day.
Not the First Company Lawsuit
Malibu Bowrider is far from the first company to be involved in this type of a tragedy. Other companies, such as Mastercraft, have had their fair share of accidents and legal troubles as well. Families should take note that, because of these situations and circumstances, they should be careful when taking their boat out on the water. It may not have been tested to be used in the way that they would like. Therefore, any family that is involved in a boating accident should make sure to ask the right question. In these circumstances, a consultation with an experienced attorney could reveal options to the family that they may not have known existed.
Help is Available for Boating Accidents
Like car accidents, boat accidents have the potential to have a number of consequences and can create a significant amount of stress for a family. Those who have been involved in a boating accident and have been injured as a result should reach out to an experienced legal team for legal advice. GOM Law located in nearby McAllen, TX, with an experienced team of product liability attorneys can provide assistance to those in need. Do not hesitate to ask for help when it is needed. A product liability case, such as a boating accident due to defective products, can be a daunting experience during a time of recovery and grief. Let the legal experts protect your rights.