Could This Accident Put the Future of MLF In Jeopardy?

[geodebasser]

That will be very very difficult unless there is some factor like weather involved.

As far as signing negligence away, where are you getting that? I'm not an expert on alabama law but I found this with a quick search. Releases are valid except to wanton or wilful conduct, and fishing tournaments are fairly analogous to races. So long as people are aware of the risks involved, they can waive claims against the organizer.

Also this has nothing to do with any suit by the people who were injured.

The people that were injured and the estate or relatives of the people that were injured will of course do the suing.
A race event is on a private controlled environment where generally the only people at risk are the drivers. If the promoters have any reason to believe the fences are not high enough to protect from flying debris they can have culpability from the innocent spectator. While they may not be held liable for the drivers actions they can be held liable for their own.
A tournament event is different from a race because the tournament is usually on public waters where there are other members of the public participating in their own water activities that unlike race spectators are not aware of the danger as they may not know about the tournament to begin with. Another words they are not willing participants. A race track is designed fot the event and is a private facility.
I stated that MLF can’t have their own culpability signed away. Although they may not be directly responsible for the actions of their participants they can be held liable for their own actions. MLF is the deep pocket. Lawyers could possibly say that anyone directing or profiting from an event that encourages and allows two hundred high speed boats to endanger the public is liable. Will this work? Time will tell. I personally hope not. 90% of all civil liability cases in Alabama are settled out of court. Will this one be settled for the limits of the polices? In Alabama the plaintiffs attorney are not supposed to know the limits. With so many people involved will the insurance limits be enough? I still think this case will be exceptional. It is high profile nationally and is not like the 90% of cases settled out of court. It will be like a weather system that spurns multiple tornadoes. There will be legal actions from all angles.
Thanks for helping to clarify this and welcome to BBC.

Again so sorry for all the people involved.

[SKfishing]

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.

Everyone is saying fog wasn’t the issue. Per Slick, the striper guide was underway. We don’t have enough info to know who was at fault, yet.

[XRD]

I'm no lawyer, but i think this could endanger all tournaments, not just MLF.

[TritonJT]

still a lot of unknowns but some that were on the water was saying there was little to no fog

I have been told that fog was not a factor, and it didn't happen on take off, but 40 minutes after take off.

[n2theblue]

The people that were injured and the estate or relatives of the people that were injured will of course do the suing.
A race event is on a private controlled environment where generally the only people at risk are the drivers. If the promoters have any reason to believe the fences are not high enough to protect from flying debris they can have culpability from the innocent spectator. While they may not be held liable for the drivers actions they can be held liable for their own.
A tournament event is different from a race because the tournament is usually on public waters where there are other members of the public participating in their own water activities that unlike race spectators are not aware of the danger as they may not know about the tournament to begin with. Another words they are not willing participants. A race track is designed fot the event and is a private facility.
I stated that MLF can’t have their own culpability signed away. Although they may not be directly responsible for the actions of their participants they can be held liable for their own actions. MLF is the deep pocket. Lawyers could possibly say that anyone directing or profiting from an event that encourages and allows two hundred high speed boats to endanger the public is liable. Will this work? Time will tell. I personally hope not. 90% of all civil liability cases in Alabama are settled out of court. Will this one be settled for the limits of the polices? In Alabama the plaintiffs attorney are not supposed to know the limits. With so many people involved will the insurance limits be enough? I still think this case will be exceptional. It is high profile nationally and is not like the 90% of cases settled out of court. It will be like a weather system that spurns multiple tornadoes. There will be legal actions from all angles.
Thanks for helping to clarify this and welcome to BBC.

Again so sorry for all the people involved.

The release clauses have nothing to do with this incident. The release clauses are for if the tournament participant is injured. In both a race and a fishing tournament, the waivers can be valid in suits against the organizer by the participant unless there is wanton or willful negligence by the organizer.

Suits by third parties don't bring the release clauses into play.

The MLF release that was posted does contain an indemnity clause, where the participant agrees to indemnify MLF in case MLF is sued for incidents caused by the participant. That is likely enforceable, though I am no expert in Alabama law. The participant's insurer will probably try to fight it but the participant (and their insurer) would be on the hook for any claim against MLF if found valid.

[AMSDJS]

If MLF and Boyd have any compassion, they will come out publicly with a statement to the victim's family. This has created more negative images and publicity towards bass tournament anglers and boats, as if there needed to be any more. How about Boyd set up a GoFundMe for the family and be the first to donate, say the net from the sale of 1000 of his rods?

[bdog7198]

I'm no lawyer, but i think this could endanger all tournaments, not just MLF.

Agreed, actions have consequences. There are always stories of how tournament competitors have drove, acted, and such. But was not much more then background noise. Now this event will raise the volume of these complaints a lot. Would not surprise me if restrictions start being placed about speed, distance requirements and other things.

[mean_dean]

There was a camera mount in Flint Davis' boat but I didn't see the actual camera. If that camera was operational at the time of the collision it should tell most everything that happened. But where is that camera and was it working?

If there was a camera and it didn't get lost in the accident it was most assuredly collected as evidence for the investigation.

[Rider99XX]

If there was a camera and it didn't get lost in the accident it was most assuredly collected as evidence for the investigation.

The pictures of Flints boat at the dock after the crash shows a camera pole mounted on the back deck where the seat mounts but I couldn't see a camera on it. Could have been dislodged during the crash.

I wonder how deep is the water at the crash site?

[agreynolds]

It is not MLF's fault, the Ass behind the wheel of the boat is the problem.

[Rick Pierce]

NCrappie, this is an inappropriate comment.

Apparently, the area was clear of fog during the event unfolding, and the accident occurred appx. an hour after takeoff. The details will become better known and there is more to this all than anyone can mention that has inside knowledge. Otherwise the majority of these comments are only assumptions.

Rick

I hope the family of those killed sue and win big. No reason to be running fast on a foggy lake when you cant see

[remaly181]

If MLF and Boyd have any compassion, they will come out publicly with a statement to the victim's family. This has created more negative images and publicity towards bass tournament anglers and boats, as if there needed to be any more. How about Boyd set up a GoFundMe for the family and be the first to donate, say the net from the sale of 1000 of his rods?

MLF has released a statement and I believe it to be genuine. And, at this point, MLF is not at fault. MLF's exposure is they hosted a tournament and a participant was involved in a crash with a non-participant. I certainly wouldn't assume liability or responsibility. I'd wait to see what the investigation yields then go from there. It seems everyone is just assuming Flint was to blame as he's the survivor who was driving a fast boat. It could have been the other pilot's error and Flint was fortunate to live. I've neither seen nor heard anything remotely concrete to suggest Flint was wrong. It's all been conjecture, speculation, hearsay, rumors, and, bias toward tournament anglers. I will give Flint the benefit of the doubt and wait till the findings are released.

[basshammerwannabe]

NCrappie, this is an inappropriate comment.

Apparently, the area was clear of fog during the event unfolding, and the accident occurred appx. an hour after takeoff. The details will become better known and there is more to this all than anyone can mention that has inside knowledge. Otherwise the majority of these comments are only assumptions.

Rick

yeah some of these comments make it sound like they were there and it was on purpose

[Mcfish]

There are always stories of how tournament competitors have drove, acted, and such. But was not much more then background noise.

Those stories are now Youtube and Tiktok videos. There are a bazillion videos of tourney guys acting like they're in the Daytona 500 on public water.

[jbassman87]

MLF has released a statement and I believe it to be genuine. And, at this point, MLF is not at fault. MLF's exposure is they hosted a tournament and a participant was involved in a crash with a non-participant. I certainly wouldn't assume liability or responsibility. I'd wait to see what the investigation yields then go from there. It seems everyone is just assuming Flint was to blame as he's the survivor who was driving a fast boat. It could have been the other pilot's error and Flint was fortunate to live. I've neither seen nor heard anything remotely concrete to suggest Flint was wrong. It's all been conjecture, speculation, hearsay, rumors, and, bias toward tournament anglers. I will give Flint the benefit of the doubt and wait till the findings are released.

You have been in here long enough to know it doesn't work that way.

[Bassmastermatt16]

Could This Accident Put the Future of MLF In Jeopardy?

No.

[bdog7198]

Those stories are now Youtube and Tiktok videos. There are a bazillion videos of tourney guys acting like they're in the Daytona 500 on public water.

Not just outright speed, but running close to other boats and such. Have been fishing a grass line on the potomac so basic cast distance away from grass showing above the water. Wrapped boat, on plane at speed ran between us and the grassline.

[remaly181]

You have been in here long enough to know it doesn't work that way.

I know, but the kneejerk responses and pearl clutching gets so tiresome. I'm just waiting on the suggestion for a bass-boat-buyback-program to rid us all of the evils. "If it saves just one life."

[basshammerwannabe]

MLF has released a statement and I believe it to be genuine. And, at this point, MLF is not at fault. MLF's exposure is they hosted a tournament and a participant was involved in a crash with a non-participant. I certainly wouldn't assume liability or responsibility. I'd wait to see what the investigation yields then go from there. It seems everyone is just assuming Flint was to blame as he's the survivor who was driving a fast boat. It could have been the other pilot's error and Flint was fortunate to live. I've neither seen nor heard anything remotely concrete to suggest Flint was wrong. It's all been conjecture, speculation, hearsay, rumors, and, bias toward tournament anglers. I will give Flint the benefit of the doubt and wait till the findings are released.

speaking of common sense.. i agree 100% and if it turns out Flint was in the wrong then ok he was in the wrong but we dont know anything yet other then a very tragic accident

[BP in ME]

I have been told that fog was not a factor, and it didn't happen on take off, but 40 minutes after take off.

Local news in the area has been reporting that witnesses say Flint came around a "corner" (aka point of land?) at a high rate of speed and hit the other boat but they don't say if the other boat was underway at the time. If anything, it sounds like it was the land that may have obstructed Flint's field of view and not fog.