Tag: Lake Norman

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Double Standards & Double Talk

Following accident, Lake Norman explores boat rental ordinance

March 14, 2012 
   After an accident left a woman with serious injuries following a day on the water with an inexperienced boat operator last summer, the Lake Norman Marine Commission accelerated its action to create an ordinance regulating boat rentals on the North Carolina lake.

The commission had previously discussed an ordinance to ensure rented boats are operated safely, but it was boat rental operators who brought it to the forefront and spurred it into action, said Ron Shoultz, chairman of the committee.

The commission formed a committee of both rental operators and law enforcement that will have three months to create proposed rules for rental boat companies.

“We are really trying to get people that are familiar with the industry and get their feedback,” Shoultz said. “We are not going to make up rules or regulations that boat operations will say, ‘What are you doing?’ We want it to be self-policing.”

Brian MacArthur, owner of Saltshaker Marine, which rents powerboats on Lake Norman, attended a recent meeting by the commission and said he is in favor of the ordinance – as long as it is within reason.

“I am all for regulation of safety on the water and do not approve of boat rentals that jeopardize anyone’s safety. I know my company does follow the proper procedures,” said MacArthur, whose company uses a safety checklist that covers operating and safety procedures with the operator.

Following last year’s boating accident, Shoultz said boat rental companies, many of which use processes similar to those at Saltshaker Marine, received unfair criticism from the media. The ordinance is aimed to ensure all boat rental companies are mandating safety to the best of their abilities.

“You can have the best boater and instructor in the world, and [tragedy] can still happen,” he said. “We are not going to say, ‘to rent a boat you have to take this nine-hour class.’ The bottom line is to improve safety and ensure a standard that all boat rental companies would adhere to.”

Since 2008, boat rental companies in the state of Washington have adhered to a process similar to what has been discussed for Lake Norman.

Washington is gradually transitioning to an ordinance that mandates boater education for boat owners, which is already in effect for boaters under the age of 40.

However, rental companies are only mandated to use a dockside checklist that takes approximately 10 minutes to walk through with the operator.

Jim French, boating education specialist for Washington State Parks, said requiring boater education for the rental community would deter tourists and customers who spontaneously decide to rent a boat. Therefore, the checklist ensures an understanding while taking a reasonable amount of time, according to French.

Similar to at Lake Norman, French said Washington depends on its law enforcement to ensure the checklist is preventing dangerous boaters from hitting the water.

“The local law enforcement that patrols the waterways notice a novice behind that boat, they can tell us the rental checklist needs a few items added on,” French said.

Our view from the helm:

The story opened with “After an accident left a woman with serious injuries following a day on the water with an inexperienced boat operator….”

The simple fact of this story is that the only fault that can be assigned to the boat operator is that he failed to control the actions of his passengers. The woman that was injured chose to jump out of the boat while the engine was still running and the driver was attempting to position the boat in order to tie up to other boats out on the lake.

If they are going to have an ordinance that is worth more than the paper its printed on they need to have something with some teeth like mandatory boat safety education for all boaters including those who rent boats. A dockside checklist is not sufficient to ensure that a renter has been adequately instructed as to the proper use of the boat. They should also tie any penalties or fines directly to the boat operators drivers license.

The double standard is that you can't rent a car without a valid driver's license but you can rent a boat or PWC that can do in excess of 50mph without anything more than a credit card.

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The 1st Ridiculous Boating Injury Lawsuit of 2012 Has Arrived!

Woman sues boat operator, renter
Deondra Scott was seriously injured by a propeller at Lake Norman event in June.
By Gary L. Wright
[email protected]
By Gary L. Wright The Charlotte Observer
Posted: Tuesday, Jan. 24, 2012
   A Charlotte woman who lost one of her arms and her breasts after being struck by a boat propeller on Lake Norman last June has sued the boat operator.
   Deondra Scott – who also is suing the boat manufacturer and the person who rented out the boat – claims she was struck twice by a propeller after she'd jumped into the water at the Lake Bash on Lake Norman.
   Scott alleges that Dennis F. Allen, the boat's operator, had never operated a motorboat before the accident and did not have the skill to handle a motorboat in a public area, especially during one of the most crowded events on Lake Norman.
    Scott, 25, claims that she was injured while Allen was maneuvering the motorboat in an attempt to tie it to another boat and participate in the Lake Bash. Allen had rented the motorboat to go to the Lake Bash with a group of friends, including Scott, according to the lawsuit.
   The lawsuit alleges that a few of Allen's passengers, including Scott, had jumped into the water while Allen was trying to tie up the boat.
   The lawsuit alleges that Allen, because of his inexperience, lack of training and inability to see people in the water, failed to turn off the engine and continued to try to tie up with another boat.
   “As (Scott) was swimming towards the ladder attached to the stern of the boat so that she could board the swim platform, Ms. Jennifer Pagliaro (a passenger in the boat), along with other people in the area, screamed at defendant Allen to cut (immediately turn off) the engine,” the lawsuit says.
   Allen “panicked” and “slammed” the throttle into a reverse gear, striking Scott with the boat's propeller, the lawsuit alleges. Scott claims Allen then put the boat into a forward gear, causing the propeller to strike her again.
   Scott alleges in the lawsuit that she suffered severe injuries, including lacerations to her right arm and breasts. The arm and breasts have been amputated, she says. She claims she also suffered serious lacerations to both legs, a punctured lung and a severed sternum.
   Scott alleges that as a result of Allen's “reckless and negligent actions,” she has suffered damages – “medical bills, lost wages, permanent injury, scarring, loss of limb, loss of other essential body parts, pain and suffering in excess of ten thousand dollars.” She says she also has “suffered extreme emotional and psychological problems.”
   Allen, 30, was charged with operating a boat in a reckless manner. The misdemeanor charge is pending.
   Scott also has sued David D. Orzolek and Chaparral Boats Inc. Orzolek rented the motorboat to Allen and Chaparral Boats designed, manufactured and marketed the boat, according to the lawsuit.
   The lawsuit alleges that Orzolek was aware or should have been aware that Allen had never operated a motorboat and knew or should have known the danger Allen posed to the public.
   Orzolek “erroneously entrusted, poorly supervised and inadequately trained defendant Allen, subjecting (Scott) to great risk,” the lawsuit alleges.
   Scott claims that Chaparral Boats sold the motorboat to the public despite its unsafe design for a 14-passenger boat.    She claims that seven passengers are necessarily seated behind the operator, potentially obstructing his or her vision.
The boat's swim platform and ladder, the lawsuit alleges, are only a few feet from the boat's propeller.
   Allen and Orzolek could not be reached for comment Monday.
Bob Ellis, a customer service specialist with Chaparral Boats in Nashville, Ga., said the company's lawyers are investigating the incident. “We were not aware this had occurred until we got the lawsuit,” Ellis said.            

Staff researchers Marion Paynter and Maria David contributed

Our view from the helm is this:  Dennis F. Allen who was driving the boat and Deondra Scott who was struck by the boat both share responsibility for this accident. Mr. Allen for failing to properly control his passengers and Ms. Scott for jumping out of the boat and then swimming back to it while the motor was still running. It is not the fault of Chaparral Boats or the business that rented the boat to Mr. Allen.

Case closed!