Could This Accident Put the Future of MLF In Jeopardy?

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Originally Posted by basshammerwannabe

being in bad spot doesnt meant he didnt have a right to be there

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I know that, I'm talking about others that think the Striper boat was to blame some how for floating in the water while fishing. And what is a "BAD SPOT" on any water? A place like the blind side of a point and a boats excessive speed for the area maybe?

A "bad spot" is like when the perch jerkers fish in the river channel that is the marked navigation channel. They space themselves out to where you have to idol through there or go completely out of the marked channel out in the stumps or shallow waters.

Do they have a right to fish there, yes, is it safe, not really because some of the spots they fish is pretty narrow. Only a matter of time before someone gets mowed down via bass boat or more than likely a jet ski or ski boat.

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Originally Posted by ProVle

I know that, I'm talking about others that think the Striper boat was to blame some how for floating in the water while fishing. And what is a "BAD SPOT" on any water? A place like the blind side of a point and a boats excessive speed for the area maybe?

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yeah.. im not blaming anyone, public water can sit where you want.. theres times i see boats sitting in spots i wouldnt sit and i just think man they are brave and trust others way to much! i do know at some of the lakes around me there are places i will not sit at certain times because it doesnt feel safe. Have no control over what others are doing and how they drive their boats.. and im sure this is a place that guides fished numerous times and never had an issue.. just a sad sad tragic accident

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Originally Posted by Chizler62

curious why you would think this is "crazy" the Tournament sanctioning body has a lot or blame here? Tournaments in general have a long pattern of unsafe boating.

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I meant that in reference to the driver of the bass boat under an assumption that he (the tournament angler) is primarily at fault. That may not be the case. I just meant is as an example.

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Originally Posted by geodebasser

You are 100% correct. You can't sign away your culpability in Alabama.

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You keep saying this and I really don’t know what the heck you are trying to say by it

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Originally Posted by ericm

That’s it. I’m structural. We carry a large policy which is very attractive to attorneys when something goes tits-up even when we had no culpability in the situation. Many people think there’s some overseeing agency or individual that sorts things out before suit is brought. Unfortunately it’s the Wild West. Once the crap hits the fan you need to head for cover and get an attorney on board. You can tell by the posts on this thread who has spent time in a room full of attorneys during a deposition.

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Yes, anybody can sue anybody for anything. But it is unlikely any suit filed against MLF would get past a motion to dismiss and even to discovery unless there is some factor where MLF should have delayed or called off the tournament like weather. They have no responsibility for the boater’s actions. He’s not an employee. Your situation is quite different as an engineer. I’ve got those letters after my name + JD, btw.

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Originally Posted by n2theblue

I’ve got those letters after my name + JD, btw.

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Next is the measuring contest

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Originally Posted by Mcfish

Next is the measuring contest

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We'll have to wait until Monday I left my 25' tape at home!

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Originally Posted by n2theblue

Yes, anybody can sue anybody for anything. But it is unlikely any suit filed against MLF would get past a motion to dismiss and even to discovery unless there is some factor where MLF should have delayed or called off the tournament like weather. They have no responsibility for the boater’s actions. He’s not an employee. Your situation is quite different as an engineer. I’ve got those letters after my name + JD, btw.

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:thumb up2:

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Originally Posted by n2theblue

You keep saying this and I really don’t know what the heck you are trying to say by it

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The boater signs that MLF is not responsible for any liability that he may cause. Sounds good but has very little weight. In addition they can go after MLF on separate issues such as putting the public at risk by holding the tournament . And no I don't think it's the same as promoting a race event on private track. As far as settling for the limits of a policy the plaintiff attorneys are not supposed to know what they are in Alabama. As far as contributory negligence I have seen a case in a car accident where one party ran a red light and maimed the driver of a car that was under the green. The driver that got hit barely registered to be driving under the influence. He was deemed not to have a claim because of his contributory negligence. Goes a long way in Alabama. The guilty parties could easily exceed their Umbrella in a case involving so many people. All the facts will come out.
You may have JD by your name but when did you pass the Alabama Bar? I have had plenty of experience in depositions as a commercial insurance producer. Vicarious liability is a real thing in Alabama. I can't tell you how this will turn out ultimately anymore than you can. It will require a lot of attorneys fees. That is the one certain outcome

Didn't mean to post twice

How is thus happening?

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Originally Posted by JoshKeller

Will that mean anything though since the ones killed obviously were not part of the event and didnt sign anything.

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they will still go after MLF , the ones killed didnt sign anything and were not participants , MLF organized the event , they better lawyer up

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Originally Posted by Bassin_7

Liability waivers aren't worth the paper they are printed on.

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the people killed didnt sign anything , the MLF angler may have signed something reliving MLF , but MLF organized the event, and put on the event , they cannot be fault free in this situation

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Originally Posted by geodebasser

The boater signs that MLF is not responsible for any liability that he may cause. Sounds good but has very little weight. In addition they can go after MLF on separate issues such as putting the public at risk by holding the tournament . And no I don't think it's the same as promoting a race event on private track. As far as settling for the limits of a policy the plaintiff attorneys are not supposed to know what they are in Alabama. As far as contributory negligence I have seen a case in a car accident where one party ran a red light and maimed the driver of a car that was under the green. The driver that got hit barely registered to be driving under the influence. He was deemed not to have a claim because of his contributory negligence. Goes a long way in Alabama. The guilty parties could easily exceed their Umbrella in a case involving so many people. All the facts will come out.
You may have JD by your name but when did you pass the Alabama Bar? I have had plenty of experience in depositions as a commercial insurance producer. Vicarious liability is a real thing in Alabama. I can't tell you how this will turn out ultimately anymore than you can. It will require a lot of attorneys fees. That is the one certain outcome

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I’ve already addressed all this, you apparently just didn’t like the answers. Good night.

I think their attorneys will handle it.

Waivers don’t mean crap when you have 3 deaths. I doubt MLF has more than $5 to $10 mil limits max. This will go way way beyond that. Unfortunately all the deep pockets will be at risk (Boyd, other sponsors, etc). Just wait, this one will be brutal and most likely the end of MLF unfortunately.

The major investor in MLF is Kroenke Sports Entertainment.

https://en.wikipedia.org/wiki/Kroenk..._Entertainment

If they go after those unassociated to the actual accident, then this will be in court forever.

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Originally Posted by LanierFX

Waivers don’t mean crap when you have 3 deaths. I doubt MLF has more than $5 to $10 mil limits max. This will go way way beyond that. Unfortunately all the deep pockets will be at risk (Boyd, other sponsors, etc). Just wait, this one will be brutal and most likely the end of MLF unfortunately.

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If the motor was a 4 stroke, do we go back to 2

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Originally Posted by geodebasser

The boater signs that MLF is not responsible for any liability that he may cause. Sounds good but has very little weight. In addition they can go after MLF on separate issues such as putting the public at risk by holding the tournament . And no I don't think it's the same as promoting a race event on private track. As far as settling for the limits of a policy the plaintiff attorneys are not supposed to know what they are in Alabama. As far as contributory negligence I have seen a case in a car accident where one party ran a red light and maimed the driver of a car that was under the green. The driver that got hit barely registered to be driving under the influence. He was deemed not to have a claim because of his contributory negligence. Goes a long way in Alabama. The guilty parties could easily exceed their Umbrella in a case involving so many people. All the facts will come out.
You may have JD by your name but when did you pass the Alabama Bar? I have had plenty of experience in depositions as a commercial insurance producer. Vicarious liability is a real thing in Alabama. I can't tell you how this will turn out ultimately anymore than you can. It will require a lot of attorneys fees. That is the one certain outcome

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Holding a bass tournament is a perfectly legal activity and MLF likely had a permit issued by the state or the Corps to hold the tournament. As long as MLF did not engage in negligent conduct, I can not see how MLF has any liability. That doesn’t mean that they won’t be sued, but like n2the blue said, the suit against MLF would likely be dismissed early on in the process.