Orion45 (4/11/2010)fishn4real (4/10/2010)This was a test case. The industry has been urged for years to provide saftey guards on marine engine propellers. Granted, it would add to the cost of the rig, about 5.70 to the manufacturer. But ask Rundover if he would agree that it would be a good idea for boat props to have guards.
Brunswik was order to pay 3.8 million to the injured. They likely paid their legal team and in-house counsels at least that much if not more trying not to pay the injured man. They could have made a lof of prop guards for that amount of money and look how many injuries could have been avoided.
This case is not over yet. It will be appealed until the injured person is either old or dead. Thenthe prop guard issuedwill be a dead issue again until some kid gets run over by a drunk and is killed. Then there will be another lawsuit that will include another boat or engine manufacturer.
Tort reform? If it were not for the Plaintiff attorneys holding manufactureres responsible, the manufacuterers would do whatever they wanted to do, with as little saftey concern as they could get by with. Case in point, the recent mine catastrophe. The mine owners knew they were in violation of all kind of safety issues but they ignored them. The mine inspectors let the violations slide, but now, families have lost their loved ones, and it will be the Plaintiff attorneys who make the mine owners pay for wrongful deaths. They will be forced to clean up their act and be good corporate citizens, because they now will realize that it is too expensive to be cheap.
Tort reform does not mean manufacturers would run roughshod over consumer rights.It meansreformingcurrent legalpractices to prevent verdicts such as these to be made.You can't fix stupid nor can you idiot proofeverything.Common sense should tell you that the two culprits in this case are the injured party and the boat operator.Were I toback over a pedestrian, should the maker of my vehicle also be liable?
I find it amazing to see how quick you are to lay the blame onthe corporations exclusively. Case in point, the recent mine disaster which you immediately attributed to the greed ofmine owners without any evidence to back your accusations. Wait for the accident report before you assign the blame. Also, ask yourselfhow liable are the government inspectors and the unions in these deaths?
Actually there is evidence that the mine that exploded was substandard and had multiple existing ventilation issues and other violations.
The boating accident lawsuit is retarded for sure, but, if you think you can trust companies to do the right thing by their employees then I'm not sure what logic you will listen to.
You shut down OSHA and you will be able to watch the death toll rise.