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  1. Member
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    Nov 2011
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    #1
    Quote Originally Posted by ericm View Post
    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?
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  3. Endeavor to Persevere
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    Aug 2015
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    #2
    Quote Originally Posted by Tone357 View Post
    What is a PE?
    Professional Engineer maybe?
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    Hi Mike.

  4. Member
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    Feb 2006
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    #3
    Quote Originally Posted by Rider99XX View Post
    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.
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  5. Member
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    Jul 2022
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    North Carolina
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    66
    #4
    Quote Originally Posted by ericm View Post
    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.
    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.

  6. Member Mcfish's Avatar
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    Feb 2014
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    West Michigan
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    #5
    Quote Originally Posted by n2theblue View Post
    I’ve got those letters after my name + JD, btw.
    Next is the measuring contest
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  7. Member
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    #6
    Quote Originally Posted by Mcfish View Post
    Next is the measuring contest
    We'll have to wait until Monday I left my 25' tape at home!
    2006 Ranger Z20 / 225HP Merc Pro XS

  8. Member
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    Jan 2010
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    Hawaii/California
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    692
    #7
    Quote Originally Posted by ericm View Post
    We'll have to wait until Monday I left my 25' tape at home!
    Very optimistic on the need of a 25’ tape measure

  9. Member Jeff Hahn's Avatar
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    Oct 2011
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    Alliance, Ohio
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    #8
    Quote Originally Posted by n2theblue View Post
    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.
    "The man of system is apt to be very wise in his own conceit; and is often so enamored with the supposed beauty of his own ideal plan of government that he cannot suffer the smallest deviation from any part of it…He seems to imagine that he can arrange the different members of a great society with as much ease as the hand arranges the different pieces upon a chessboard.” Adam Smith, The Theory of Moral Sentiments