31.4 Million Dollars in Defective Boat Design Compensation
Two Californian students, who suffered horrendous injuries when they were swept out of a defectively designed boat and into the path of its spinning propeller, have been awarded over thirty million dollars between them in personal injury compensation.
Niki Bell (27) and Bethany Wallenburgh (26) were enjoying a day out with friends on Lake Oroville in August 2006 aboard a friend´s MasterCraft X-45 24-foot-long boat. As the boat turned to collect a fallen wakeboarding colleague, the boat submerged unexpectedly – sweeping the two girls off of the bow and into the propeller.
Niki was struck three times in the head by the propeller as the boat passed over her – slicing into her skull, through her brain and across the front of her face. She now requires permanent care due to the brain damage she sustained. Bethany fell into the water feet first and suffered severe injuries to her back, leg and elbow from contact with the propeller.
In an investigation into the accident, it was discovered that the design of the boat featured a hole in the anchor locker which enabled water to enter the boat and go into the hull. Users of the boat would be unaware that the boat was taking on water, and when the boat dips – as when turning sharply in the tragic accident – huge amounts of water pours in, making the boat unstable.
The parents of the two girls brought a civil case against the designers and manufacturers of the boat – MasterCraft of Tennessee – claiming that the design was not safe and that certain other factors – such as the lack of adequate handrails on the bow of the boat – made the boat defective and unsafe for use.
They were supported in their action during the 49 day trial at the Butte County Superior Court by a former MasterCraft employee, who testified that the boat had been designed by combining elements of two existing designs to create the X-45, and the company had never evaluated whether it would perform safely.
The twelve person jury deliberated for two and a half days before announcing that they agreed with the claimants that the boat was unfit for use and awarded the sums of 30.9 million dollars to Niki´s family and 530,688 dollars to Bethany. Concern was also expressed that there are almost one thousand more MasterCraft X-45 boats on American waters, and their owners are unaware of the potential for horrendous and potentially fatal injury.