Could This Accident Put the Future of MLF In Jeopardy?

[geodebasser]

The plaintiff attorneys will usually go after the deep pockets. I suspect in this case it will be MLF and their officers.
I am sure Flint Davis could be in financial jeopardy as well but I doubt he will have the assets that MLF and their officers have. The question is can MLF be held negligent ? There are plenty of personal injury attorneys that are looking into that . Punitive Damages are allowed in Alabama and can easily go over the limits of liability insurance. There were multiple people killed and injured . Alabama is a contributory negligent state which means that if both parties are at fault that it can limit a claim for liability. Most likely the only way the Captain could be negligent is if he was sitting in a fog bank without running lights. I am not sure if that would be enough. Did MLF have their participants sign a hold harmless agreement for the boaters negligence? In Alabama you can’t assign your own negligence away. Negligence is defined as is it the action a reasonable person would take? The big question is it reasonable to hold an event where you allow and motivate a hundred or more high speed boats to run in a crowded lake ? As far as settlements you have high earners that were injured and killed. Settlements are partially based on the loss of income to the families involved. Then there is the punitive damages.
I am sure other major tournament organizations such as BASS will be following all this closely. Will this affect tournament fishing formats in the future?

Before anyone says it, the human loss and the injuries are the worse part of this tragedy and I do feel and pray for everyone involved but the questions I raised are the reality of a situation like this.

[Meadows]

Obviously my first concern are the victims, the families, and the overall tragedy itself.

And unfortunately I do feel this may have an impact on tournament fishing moving forward. Whether it be horsepower restrictions, speed limits on lakes during certain times, tournament hours restricted, etc.

[Sirkayakalot]

All good questions but we still don’t know the facts of this situation. So many different stories floating around

[VA Bass]

I'd be shocked if there wasn't a lawsuit on MLF. Not saying they are at fault, but lawyers will try it.

[Brent Shimanek]

If weather conditions were not poor, then what more is an organization supposed to do?

[Rider99XX]

How much of this will factor into what happened?

From MLF's website;

PARTICIPANT RELEASE OF LIABILITY - READ BEFORE SIGNING
In consideration for permission to voluntarily participate in tournaments, events, programs and related activities
conducted by MLFLW, LLC, (DBA “MLF”) I acknowledge, appreciate and agree that:
1. The risk of injury, disability, death, loss or damage to my person or property from the activities involved in this
program is significant, including the potential for permanent paralysis and death, and while particular rules,
equipment and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I have been advised by MLF, and have had the opportunity to seek legal counsel with respect to the legal effect of this
document; and,
3. I KNOWINGLY AND FREELY ASSUME ALL RISKS REFERRED TO ABOVE, BOTH KNOWN AND
UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF MLFLW, LLC, ITS OFFICERS, OFFICIALS,
DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR EMPLOYEES, OTHER PARTICIPANTS, AND
SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS
OF PREMISES AND PROPERTY USED TO CONDUCT THE EVENT (“RELEASEES”) OR OTHERS, AND
ASSUME FULL RESPONSIBILITY FOR RISKS ARISING FROM MY PARTICIPATION; AND,
4. I agree to monitor weather and water conditions during my participation and assume full responsibility to remove
myself from hazards that may arise; and,
5. I willingly agree to comply with the terms and conditions for participation, including Covid protocols. If, however, I
observe any unusual significant hazard during my presence or participation, I will remove myself from participation
and bring such to the immediate attention of the nearest official; and,
6. I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT
OF KIN, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS RELEASEES, WITH RESPECT TO ANY
AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHICH I
SUFFER OR WHICH I AM FOUND TO HAVE CAUSED IN WHOLE OR IN PART BY MY NEGLIGENCE OR
INTENTIONAL MISCONDUCT, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES, OR
OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
7. I agree to submit to a truth verification test administered by MLF and understand that failure to pass the examination
as determined by MLF will result in disqualification.
8. I agree to provide MLF with my taxpayer identification number.
9. I consent to being notified in the form of SMS (texting), email and/or push notifications concerning information,
including promotions, related to the events in which I am participating.
10. MLF will track each angler’s precise location in real time during tournament hours at all livestreamed events using
GPS-enabled devices. Location information will only be used by MLF for rule enforcement and media production.
The location of fish catches may also be used, in aggregate, by the MLF Fisheries Management Division for
conservation purposes.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND THE
ATTACHED RULES. I FULLY UNDERSTAND THE TERMS AND UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE, AND SIGN IT FREELY AND VOLUNTARILY.

[JoshKeller]

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

How much of this will factor into what happened?

From MLF's website;

PARTICIPANT RELEASE OF LIABILITY - READ BEFORE SIGNING
In consideration for permission to voluntarily participate in tournaments, events, programs and related activities
conducted by MLFLW, LLC, (DBA “MLF”) I acknowledge, appreciate and agree that:
1. The risk of injury, disability, death, loss or damage to my person or property from the activities involved in this
program is significant, including the potential for permanent paralysis and death, and while particular rules,
equipment and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I have been advised by MLF, and have had the opportunity to seek legal counsel with respect to the legal effect of this
document; and,
3. I KNOWINGLY AND FREELY ASSUME ALL RISKS REFERRED TO ABOVE, BOTH KNOWN AND
UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF MLFLW, LLC, ITS OFFICERS, OFFICIALS,
DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR EMPLOYEES, OTHER PARTICIPANTS, AND
SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS
OF PREMISES AND PROPERTY USED TO CONDUCT THE EVENT (“RELEASEES”) OR OTHERS, AND
ASSUME FULL RESPONSIBILITY FOR RISKS ARISING FROM MY PARTICIPATION; AND,
4. I agree to monitor weather and water conditions during my participation and assume full responsibility to remove
myself from hazards that may arise; and,
5. I willingly agree to comply with the terms and conditions for participation, including Covid protocols. If, however, I
observe any unusual significant hazard during my presence or participation, I will remove myself from participation
and bring such to the immediate attention of the nearest official; and,
6. I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT
OF KIN, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS RELEASEES, WITH RESPECT TO ANY
AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHICH I
SUFFER OR WHICH I AM FOUND TO HAVE CAUSED IN WHOLE OR IN PART BY MY NEGLIGENCE OR
INTENTIONAL MISCONDUCT, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES, OR
OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
7. I agree to submit to a truth verification test administered by MLF and understand that failure to pass the examination
as determined by MLF will result in disqualification.
8. I agree to provide MLF with my taxpayer identification number.
9. I consent to being notified in the form of SMS (texting), email and/or push notifications concerning information,
including promotions, related to the events in which I am participating.
10. MLF will track each angler’s precise location in real time during tournament hours at all livestreamed events using
GPS-enabled devices. Location information will only be used by MLF for rule enforcement and media production.
The location of fish catches may also be used, in aggregate, by the MLF Fisheries Management Division for
conservation purposes.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND THE
ATTACHED RULES. I FULLY UNDERSTAND THE TERMS AND UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE, AND SIGN IT FREELY AND VOLUNTARILY.

[Rick Pierce]

One is to assume that this will be a lengthy and very in depth investigation. There are many GoPro style cameras in place at an event like this. Someone will have a video relative to those investigating. Once the details are released, even then the parties involved, or their decendents, can file personal actions against others. That happens no matter who is truly at fault, and even if it’s deemed to be just an unfortunate accident.

Alabama is mourning this morning, as are many of us.

[Gthunter5]

so since we are sort of on to speculation here on the forum - id say Rules 6 of USCG rules of the road will be cited here. Mr. Flint will be in a bit of trouble IMO.

I really challenge everyone to take a boaters safety course. the one that really drives me nuts I see posted on tik tok all the Time is guys passing other guys but complaining when the boat they are passing "gets in their way". the passing vessel is the give way vessel and if you are passing you are not to make it a crossing situation.

[Hoot]

This tragedy’s effect on Professional Tournament Fishing Organizations will probably be determined how the Insurance Companies that insure these organizations will react to it.

[Rider99XX]

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

They were not part of the event. That form only effects Flint Davis.

I wonder if #4. I agree to monitor weather and water conditions during my participation and assume full responsibility to remove
myself from hazards that may arise; will be a major deal if there was in fact foggy conditions on Smith Lake that morning.

[ThomasD]

How much of this will factor into what happened?

From MLF's website;

PARTICIPANT RELEASE OF LIABILITY - READ BEFORE SIGNING
In consideration for permission to voluntarily participate in tournaments, events, programs and related activities
conducted by MLFLW, LLC, (DBA “MLF”) I acknowledge, appreciate and agree that:
1. The risk of injury, disability, death, loss or damage to my person or property from the activities involved in this
program is significant, including the potential for permanent paralysis and death, and while particular rules,
equipment and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I have been advised by MLF, and have had the opportunity to seek legal counsel with respect to the legal effect of this
document; and,
3. I KNOWINGLY AND FREELY ASSUME ALL RISKS REFERRED TO ABOVE, BOTH KNOWN AND
UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF MLFLW, LLC, ITS OFFICERS, OFFICIALS,
DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR EMPLOYEES, OTHER PARTICIPANTS, AND
SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS
OF PREMISES AND PROPERTY USED TO CONDUCT THE EVENT (“RELEASEES”) OR OTHERS, AND
ASSUME FULL RESPONSIBILITY FOR RISKS ARISING FROM MY PARTICIPATION; AND,
4. I agree to monitor weather and water conditions during my participation and assume full responsibility to remove
myself from hazards that may arise; and,
5. I willingly agree to comply with the terms and conditions for participation, including Covid protocols. If, however, I
observe any unusual significant hazard during my presence or participation, I will remove myself from participation
and bring such to the immediate attention of the nearest official; and,
6. I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT
OF KIN, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS RELEASEES, WITH RESPECT TO ANY
AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHICH I
SUFFER OR WHICH I AM FOUND TO HAVE CAUSED IN WHOLE OR IN PART BY MY NEGLIGENCE OR
INTENTIONAL MISCONDUCT, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES, OR
OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
7. I agree to submit to a truth verification test administered by MLF and understand that failure to pass the examination
as determined by MLF will result in disqualification.
8. I agree to provide MLF with my taxpayer identification number.
9. I consent to being notified in the form of SMS (texting), email and/or push notifications concerning information,
including promotions, related to the events in which I am participating.
10. MLF will track each angler’s precise location in real time during tournament hours at all livestreamed events using
GPS-enabled devices. Location information will only be used by MLF for rule enforcement and media production.
The location of fish catches may also be used, in aggregate, by the MLF Fisheries Management Division for
conservation purposes.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND THE
ATTACHED RULES. I FULLY UNDERSTAND THE TERMS AND UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE, AND SIGN IT FREELY AND VOLUNTARILY.

Meaningless piece of paper to the victims and their families

[trashmanssd]

to me insurance will be the issue for the tournaments. Insurance companies are looking real hard at their risk exposures. Rates may become prohibitively high (like home owners insurance in Florida has). The Insurance company may want rules changes to help lower the risk to allow them to lower the rates to a number that is feasible for the Leagues.

[Rider99XX]

Meaningless piece of paper to the victims and their families

Yes, I know that.

But it is fodder for the lawyers who will be working this case.

[ECobb91]

Obviously my first concern are the victims, the families, and the overall tragedy itself.

And unfortunately I do feel this may have an impact on tournament fishing moving forward. Whether it be horsepower restrictions, speed limits on lakes during certain times, tournament hours restricted, etc.

I think so too, after this lawsuit I think the organizations might start putting restrictions on HP and/or speed.. I also think there will be many more days cancelled, or pushed from morning hours to later in the day to avoid fog.

in the end, no matter how many rules are in place they can’t fully mitigate human error and conscious decision making to not follow them

[RoadrashPaul]

so since we are sort of on to speculation here on the forum - id say Rules 6 of USCG rules of the road will be cited here. Mr. Flint will be in a bit of trouble IMO.

I really challenge everyone to take a boaters safety course. the one that really drives me nuts I see posted on tik tok all the Time is guys passing other guys but complaining when the boat they are passing "gets in their way". the passing vessel is the give way vessel and if you are passing you are not to make it a crossing situation.

I agree with this 100%. I am in the CGAUX and we do vessel exams and try to promote boater safety. During a VSC (vessel safety check) one of the questions we ask is if you have attended a boaters safety course. The amount of people who get angry at this question, especially older folks, is absurd. It's always the same type of response: "I've been driving a boat for XX amount of years. I don't need a safety course." My response is always, you don't know what you don't know and if it's keeps you and other boaters safe on the water it's worth your time. I really wish the TWRA would make it mandatory to operate a boat for everyone regardless of age. The blowback would be astronomical but I firmly believe it would benefit everyone.

[jbassman87]

so since we are sort of on to speculation here on the forum - id say Rules 6 of USCG rules of the road will be cited here. Mr. Flint will be in a bit of trouble IMO.

I really challenge everyone to take a boaters safety course. the one that really drives me nuts I see posted on tik tok all the Time is guys passing other guys but complaining when the boat they are passing "gets in their way". the passing vessel is the give way vessel and if you are passing you are not to make it a crossing situation.

This is a requirement to fish any BASS events now. Took mine earlier this year. The course still won't stop human error though.

[rjvana37]

so since we are sort of on to speculation here on the forum - id say Rules 6 of USCG rules of the road will be cited here. Mr. Flint will be in a bit of trouble IMO.

I really challenge everyone to take a boaters safety course. the one that really drives me nuts I see posted on tik tok all the Time is guys passing other guys but complaining when the boat they are passing "gets in their way". the passing vessel is the give way vessel and if you are passing you are not to make it a crossing situation.

In CA. we have to pass a safety boaters course.

[188Musky]

When innocent bystanders are getting killed, something has to change.

Unfortunately, the answer is going to be regulation, and possibly governmental regulation.

[n2theblue]

The plaintiff attorneys will usually go after the deep pockets. I suspect in this case it will be MLF and their officers.
I am sure Flint Davis could be in financial jeopardy as well but I doubt he will have the assets that MLF and their officers have. The question is can MLF be held negligent ? There are plenty of personal injury attorneys that are looking into that . Punitive Damages are allowed in Alabama and can easily go over the limits of liability insurance. There were multiple people killed and injured . Alabama is a contributory negligent state which means that if both parties are at fault that it can limit a claim for liability. Most likely the only way the Captain could be negligent is if he was sitting in a fog bank without running lights. I am not sure if that would be enough. Did MLF have their participants sign a hold harmless agreement for the boaters negligence? In Alabama you can’t assign your own negligence away. Negligence is defined as is it the action a reasonable person would take? The big question is it reasonable to hold an event where you allow and motivate a hundred or more high speed boats to run in a crowded lake ? As far as settlements you have high earners that were injured and killed. Settlements are partially based on the loss of income to the families involved. Then there is the punitive damages.
I am sure other major tournament organizations such as BASS will be following all this closely. Will this affect tournament fishing formats in the future?

Before anyone says it, the human loss and the injuries are the worse part of this tragedy and I do feel and pray for everyone involved but the questions I raised are the reality of a situation like this.

I've been a lurker for a while but wanted to jump in and answer a few of these

T The question is can MLF be held negligent ? . . . The big question is it reasonable to hold an event where you allow and motivate a hundred or more high speed boats to run in a crowded lake ? As far as settlements you have high earners that were injured and killed. Settlements are partially based on the loss of income to the families involved. Then there is the punitive damages.
I am sure other major tournament organizations such as BASS will be following all this closely. Will this affect tournament fishing formats in the future?

This will be tough, unless they have some proof that MLF actively did something along the chain of causation that lead to the accident. Just holding a tournament is in itself not negligence. The decisions of individual boaters usually break the chain of causation.

Punitive Damages are allowed in Alabama and can easily go over the limits of liability insurance. There were multiple people killed and injured .

It is highly unlikely punitive damages come into play in a case like this.

Alabama is a contributory negligent state which means that if both parties are at fault that it can limit a claim for liability.

Contributory negligence doesn't just limit a claim, it defeats it entirely. If plaintiff is the slightest bit at fault, they get nothing. It's a harsh doctrine, which is why most states have done away with it.

Most likely the only way the Captain could be negligent is if he was sitting in a fog bank without running lights. I am not sure if that would be enough.

I've seen lots and lots of talk about fog, but the only posts I've seen from people who were actually there say fog/visibility wasn't an issue

Did MLF have their participants sign a hold harmless agreement for the boaters negligence? In Alabama you can’t assign your own negligence away. Negligence is defined as is it the action a reasonable person would take? The big question is it reasonable to hold an event where you allow and motivate a hundred or more high speed boats to run in a crowded lake ?

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. I don't think there's any way MLF can be held negligent UNLESS there were weather conditions in play. Just having a tournament is not negligent.

Settlements are partially based on the loss of income to the families involved.

Damages awards from a trial are based on a number of factors including loss of income, but settlements are more based on insurance limits.

MLF may get named initially, but I don't think their exposure is very high, personally. There is no vicarious liability in play where the negligent actions of the boater can be put on MLF, it would have to be MLF's own negligence, and based on what I've seen so far its just not there.