Lake Austin Boating Accident Case: Boat Manufacturer Liable for $3.8 Million
A teen whose leg was cut off by a propeller in a 2005 boating accident on Lake Austin has been awarded $3.8 million in damages and medical expenses by a federal jury. According to a statesman.com report, jurors decided on April 5, 2010 that the boat manufacturer, Brunswick Corp., held over half the fault for the accident and the teen’s injury. Despite the verdict, Brunswick representatives affirm the safety of their products, which according to them, “are used safely and properly by boaters around the world.” Most of the compensation awarded to the teen is intended to pay for past and future medical costs. $100,000 was awarded for the teen’s disfigurement and $264,000 was given for physical pain.
Responsibility for the boating accident was also attributed to the injured teen and the driver of the boat. Apparently, the driver of the boat was unaware that the teen was in the water behind him, and put the boat in reverse. As a consequence of this action and since the manufacturer of the boat and motor did not provide safety devices (guards or covers), the teen’s right leg was cut and twisted by the propeller. Based on the report, a few medical professionals referred to the teen as a “one-in-a-million survivor” since the propeller cut deep into his flesh, muscle and bone. The teen suffered significant blood loss and was in cardiac arrest for at least 45 minutes.
The plaintiff’s lawyer stated that the jury’s decision is the first victorious case against the boating industry for an individual hurt by a motor. It was a U.S. Supreme Court decision in 2002 that permitted these types of cases to be pursued.
With springtime in full-swing and summer just on the horizon, the importance of boating and watercraft safety cannot be emphasized enough. Before hitting the water, please be sure that you discuss safety, first aid, CPR and even overboard communication and rescue with your passengers, family and friends.
