Could This Accident Put the Future of MLF In Jeopardy?

[ProVle]

I thought the other boat was a guide and clients Striper fishing a spot or was that something else?

[AMSDJS]

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.

I understand. My comment was to Boyd, the "head" of MLF, not his PR person (forgot her name). I also understand the crash is still under investigation but the fact remains, MLF ''s name is associated with this tragedy. I think it would go a long way towards helping quell the rumors as well as help comfort the families.

[basshammerwannabe]

I thought the other boat was a guide and clients Striper fishing a spot or was that something else?

Thats what the rumor has been .. dont think anyone knows for sure.. atleast thats said anything

[TritonJT]

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.

I heard the other boat was underway. Then I guess it comes down to coast guard laws about who is supposed to yeald the right of way and such.

[bdog7198]

I heard the other boat was underway. Then I guess it comes down to coast guard laws about who is supposed to yeald the right of way and such.

Well if there is time to react in a boat...not just go "oh shi...."

[slipknobber bot]

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?

I'm glad you got to use 2 dead people to hate on MLF and Boyd. Good lord...

[IBHUFFY]

If the boater was operating as an LLC, and the LLC was owned by a Trust, and the Trust was owned by a holding company in the Canary Islands, who would someone have to go after?

[c rig]

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?

I imagine MLF won’t make much in the way of statements until the investigation is over. Has nothing to do with compassion, I’d guess it would be legal advice.

Why should Duckett Fishing donate money? Just because Boyd owns it? Should Lews, Strike King, or Shimano donate a percentage of sales? The guy was driving a Nitro, does that put Johnny Morris on the hook in your opinion to donate a percentage of sales?

You’re right, it creates more negative images and publicity for B.A.S.S. fishing. There was a wreck at the NPFL, and it wouldn’t surprise me if the lawyers for the plaintiffs bring up video if the BASS guys at Albemarle spearing waves, Ike running his boat up in the woods, or the FLW guy who died at Okeechobee to show a pattern of irresponsible boat operation.

[PatriotAW4]

No, an accident is on the operator who is at fault regardless of the reason why he is on the water.

[ThomasD]

If the boater was operating as an LLC, and the LLC was owned by a Trust, and the Trust was owned by a holding company in the Canary Islands, who would someone have to go after?

They can still go after him in a civil suit

[Chizler62]

No, an accident is on the operator who is at fault regardless of the reason why he is on the water.

Wrong

[n2theblue]

Wrong

Care to expand on why that’s wrong?

[n2theblue]

If the boater was operating as an LLC, and the LLC was owned by a Trust, and the Trust was owned by a holding company in the Canary Islands, who would someone have to go after?

The LLC wasn’t driving

[PatriotAW4]

Wrong

Right according to the law.

[TritonJT]

They can still go after him in a civil suit

Yep

[Jeff Hahn]

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



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.



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



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.



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




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.



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.

Thank you for interjecting legal realities into the discussion.

[rayhaycal]

I don’t know how to post it but I just watched an interview with the winner of the tournament with a reporter and he made a very interesting statement about where the STRIPER boat was. Maybe some can post it.

[borderbasser]

From the early boat ramp talk, I'd say yes and that talk is just from anglers. Wait til greedy lawyers get involved.

[Bass Cat Boats]

Having spoken to David personally and in detail, early this morning, he was aware of where the accident potentially occurred before the location was shared. That was from his knowledge on the specific location of that boat earlier in the morning. It would be interesting to see the interview.

I don’t know how to post it but I just watched an interview with the winner of the tournament with a reporter and he made a very interesting statement about where the STRIPER boat was. Maybe some can post it.

[BillsFan]

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



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.



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



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.



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




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.



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.

Interesting. So who's responsible when somebody falls on the ice in the parking lot of any store? Let's just use Walmart as an example. Who is responsible? The contractor that Walmart contracted for snow and ice treatment alone? Or is Walmart at risk for not policing the work of the contractor? MLF makes a profit with Subcontractors? Or are they employees?