The latest word in the intense battle to hold manufacturers liable for propeller injuries when there is no guard around the boat’s propeller to prevent the injured person from being struck or sliced by it was handed down by the 11th Circuit Court of Appeals.
It overturned an award of $4.375 million to Asley Elliot by the Birmingham Alabama District Court in January 1989.
This case, Elliot v. Brunswick, was discussed in our article Propeller Guards I appear in the Spring, 1990 issue of this newsletter.
This decision is consistent with the assessments made in 1989 by the National Boating Safety Advisory Council (NBSAC) discussed in our article Propeller Guards II also appearing in the Spring issue of this newsletter.
The Coast Guard later endorsed the NBSAC position.
The Marine Industry has contended all along that not only are propeller guards not helpful, but they would in fact increase the traumatic injury from impact damage and any adversely effect the steering capability of a boat.
This may put the mater temporarily to rest.
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