Propeller guards on recreational boats continues to be an issue fought strongly by the industry. While plaintiffs have been successful in a limited number of suits against manufacturers for failure to develop and use propeller guards, it appears that they have lost the most recent round.
The National Boating Safety Advisory Committee, a Federal Advisory Committee of the Coast Guard, formed a subcommittee on propeller guards. Their charge from the Coast Guard was to review available data on the prevention of propeller strike incidents and the methods of shrouding propellers; assess the arguments for and against some form of mechanical guard to protect against propeller strikes; and among many other points to be considered, recommend whether the Coast Guard should move towards a federal requirement for some form of propeller guards.
The committee consisted of a State Member as Chair, a Coast Guard representative, an industry member and two public members.
The committee heard from many members of the industry defense team that had prepared information for, and testified in trials. Other experts who had developed propeller guards and testified as plaintiff experts presented their views as did attorney Ben Hogan, successful plaintiff attorney. It would appear that most of the arguments presented in other forums on this controversial subject was considered by them.
In a sixty page report dated November 7, 1989, the committee concluded that "the development and use of devices such as 'propeller guards' can, therefore, be counter-productive and can create new hazards of equal or greater consequence" than the unguarded propeller. They recommended that the Coast Guard should take no regulatory action to require propeller guards but should direct their efforts towards operator education and awareness campaigns and the collection of better accident statistics.
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