Could This Accident Put the Future of MLF In Jeopardy?

[kry29]

Simply, yes it could put them in jeopardy.

[n2theblue]

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?

Totally different situation because Wal-Mart either owns or leases the property. That’s premises liability. Tournament participants are not employees or sub contractors.

[Dennis S.]

Meaningless piece of paper to the victims and their families

And to their lawyers. Lawyers laugh at signed waivers. It is just a piece of paper to them. Their customer never signed anything.

[geodebasser]

And to their lawyers. Lawyers laugh at signed waivers. It is just a piece of paper to them. Their customer never signed anything.

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

[Bassin_7]

And to their lawyers. Lawyers laugh at signed waivers. It is just a piece of paper to them. Their customer never signed anything.

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

[ericm]

MLF will be named in multiple lawsuits (each victim's family and possibly the guide plus possibly separate claims from insurance carriers) that's how lawsuits in high-dollar complicated cases work. They're a for-profit company that was conducting business on the lake that day. They also had a "tournament director" which means they were in responsible charge of the event. This is plenty to bring them in initially. The main reason they will be brought in is they most likely hold the highest insurance value (pot of money) of anyone involved. The attorneys will try every way possible to pierce their veil and take possession of that money. Whether MLF actually pay any damages will depend on many factors.

The issue in these situations becomes the cost of defense even if the party named technically did nothing wrong. A major factor on this end will be whether MLF has "first dollar defense" coverage in their policy. This is huge in this type of case because it can easily cost six figures just to get cleared when multiple lawsuits are involved. I've been through this several times as a PE and it's a really frustrating situation. I've also been an expert witness in numerous cases and quickly learned our legal system is not based on right, wrong, or common sense. It's simply a venue to either inflict or avoid financial harm. The skill or lack there-of of the attorneys typically decides the case. An example of how crazy things could get is the tournament angler's attorney could conceivably bring suit against MLF to help deflect blame and or damages from his client.

[geodebasser]

MLF will be named in multiple lawsuits (each victim's family and possibly the guide plus possibly separate claims from insurance carriers) that's how lawsuits in high-dollar complicated cases work. They're a for-profit company that was conducting business on the lake that day. They also had a "tournament director" which means they were in responsible charge of the event. This is plenty to bring them in initially. The main reason they will be brought in is they most likely hold the highest insurance value (pot of money) of anyone involved. The attorneys will try every way possible to pierce their veil and take possession of that money. Whether MLF actually pay any damages will depend on many factors.

The issue in these situations becomes the cost of defense even if the party named technically did nothing wrong. A major factor on this end will be whether MLF has "first dollar defense" coverage in their policy. This is huge in this type of case because it can easily cost six figures just to get cleared when multiple lawsuits are involved. I've been through this several times as a PE and it's a really frustrating situation. I've also been an expert witness in numerous cases and quickly learned our legal system is not based on right, wrong, or common sense. It's simply a venue to either inflict or avoid financial harm. The skill or lack there-of of the attorneys typically decides the case. An example of how crazy things could get is the tournament angler's attorney could conceivably bring suit against MLF to help deflect blame and or damages from his client.

I think that is a very accurate assessment. In addition the venue can have an influence in the outcome. Cullman County is very conservative and their Judges tend to side with business. If it came down to a jury trial you would have a very conservative jury.

[mrlawler1]

I don't think so. That's what lawyers and insurance is for. If they find the nitro driver at negligent fault though, then he better hope he's got a good lawyer and some damn good insurance... Same goes for the guide. The guide better make sure that he had everything he was supposed to have in order to be legal. It's going to be ugly for a while.

[Tone357]

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.

The guy who won the event said that he mentioned to his camera guy that the striper boat was in a bad spot before the accident.

[basshammerwannabe]

The guy who won the event said that he mentioned to his camera guy that the striper boat was in a bad spot before the accident.

hmmm gives me chills

[mrlawler1]

The guy who won the event said that he mentioned to his camera guy that the striper boat was in a bad spot before the accident.

Gary's boat was supposedly sitting out by the bouy on the end of that point. 22 ft cape craft center console bay boat. Which is white so it's not very hard to see.

[Tone357]

MLF will be named in multiple lawsuits (each victim's family and possibly the guide plus possibly separate claims from insurance carriers) that's how lawsuits in high-dollar complicated cases work. They're a for-profit company that was conducting business on the lake that day. They also had a "tournament director" which means they were in responsible charge of the event. This is plenty to bring them in initially. The main reason they will be brought in is they most likely hold the highest insurance value (pot of money) of anyone involved. The attorneys will try every way possible to pierce their veil and take possession of that money. Whether MLF actually pay any damages will depend on many factors.

The issue in these situations becomes the cost of defense even if the party named technically did nothing wrong. A major factor on this end will be whether MLF has "first dollar defense" coverage in their policy. This is huge in this type of case because it can easily cost six figures just to get cleared when multiple lawsuits are involved. I've been through this several times as a PE and it's a really frustrating situation. I've also been an expert witness in numerous cases and quickly learned our legal system is not based on right, wrong, or common sense. It's simply a venue to either inflict or avoid financial harm. The skill or lack there-of of the attorneys typically decides the case. An example of how crazy things could get is the tournament angler's attorney could conceivably bring suit against MLF to help deflect blame and or damages from his client.

What is a PE?

[XRD]

The guy who won the event said that he mentioned to his camera guy that the striper boat was in a bad spot before the accident.

Hope everyone realizes he has every right to be in any spot he wants. It is on any other boater to avoid him.

[Rider99XX]

What is a PE?

Professional Engineer maybe?

[basshammerwannabe]

Hope everyone realizes he has every right to be in any spot he wants. It is on any other boater to avoid him.

Yep he does, dont think anyone doesnt realize that... have the right to walk down the side of highways/roads, ride bicycles on the roads and hope everyone avoids you too... we still dont know what happened

[ProVle]

Hope everyone realizes he has every right to be in any spot he wants. It is on any other boater to avoid him.

Why is that fact so hard to understand? I myself do not get it!

[ericm]

Professional Engineer maybe?

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.

[basshammerwannabe]

Why is that fact so hard to understand? I myself do not get it!

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

[Chizler62]

An example of how crazy things could get is the tournament angler's attorney could conceivably bring suit against MLF to help deflect blame and or damages from his client.

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.

[Idaho Sandman]

The guy who won the event said that he mentioned to his camera guy that the striper boat was in a bad spot before the accident.

He said that trying to cover for his boy, plain and simple. If it is a tough spot to navigate then it puts even more of an onus on the bass boat captain as to not be going so fast he cannot avoid another boat, especially one just sitting there not moving. In my mind that statement makes the bass boat captain look even worse for driving at speed in an area where he cannot see and avoid a sitting or moving object.