Fishing Tournament Accident Prompts Lawsuits, Personal Liability Concerns

A tragic boating accident during a fishing competition has led to legal action against several parties. The family of a 62-year-old man who lost his life in the April incident has filed a lawsuit alleging negligence, unsafe speed, and inadequate safety protocols contributed to the crash, which resulted in multiple injuries. The collision occurred during a Major League Fishing tournament on Lewis Smith Lake in Cullman County, Alabama. According to Fox 54 News, the suit names Major League Fishing, LLC, its president Boyd Duckett, angler Flint Davis, and boat guide Gary Holcombe.

This is the second lawsuit stemming from the crash; the family of another man who was fatally injured, Joey Broom, previously filed a similar claim. The collision on the water killed three boaters and injured two others, in total. While the lawsuit targets Major League Fishing as a company, the case also highlights how individuals involved in recreational activities can face personal liability for incidents that may occur.

“Having the fishermen as well as the guide named in the litigation creates the potential for this to expand from being just a commercial or special-events risk to potentially an individual having a personal liability exposure as well,” said Ryan Connolly, Regional Practice Group Leader, Personal Insurance, Burns & Wilcox, Nashville, Tennessee. “Whether it is a boat or a jet ski, you always have the potential for liability when you are taking on the responsibility for others on recreational vehicles or watercraft.”

Whether it is a boat or a jet ski, you always have the potential for liability when you are taking on the responsibility for others on recreational vehicles or watercraft.

When individuals are named in lawsuits, they may not have enough insurance coverage on their standard policies — for example, their Recreational Marine Insurance — to cover the legal costs and damages that may result. A Personal Umbrella Insurance policy can be crucial in these situations.

“A wrongful death lawsuit has the potential to be very large and exceed the limits of your underlying insurance policy,” said James Jefferson, Manager, Personal Insurance, Burns & Wilcox, Oxford, Mississippi. “A Personal Umbrella policy can go over your Homeowners Insurance, Marine Insurance, Auto Insurance — any personal liability policy. The underlying policy would respond first, and the Umbrella can pick up after that coverage is exhausted.”

A wrongful death lawsuit has the potential to be very large and exceed the limits of your underlying insurance policy.

Understanding personal liability

According to ABC News, a Georgia man was indicted in early October in connection with the April fishing tournament crash, and the incident has led to a push for more regulation on boating and fishing tournaments in Alabama.

Although criminal acts and participation in large-scale events may be excluded on some insurance policies, individuals should know that Personal Umbrella Insurance sits on top of existing policies and only extends coverage where the underlying policy applies, Connolly explained.

“One of the key factors with Personal Umbrella Insurance is ensuring that you have adequate underlying coverages in place that the Umbrella policy can go over,” he said. “If a couple of anglers are out on the water and a crash occurs, having Personal Umbrella Insurance is important but they also need to have the necessary underlying Watercraft Insurance in place.”

Whether competing in organized fishing events or simply hosting friends on a boat, watercraft owners should discuss their activities with their insurance broker and assess their coverage needs, Jefferson suggested. “You want to make sure you are protected if something bad happens,” he said. “Anytime you have multiple individuals on a boat, anything could go wrong. If you are the owner of the boat, you could definitely be held liable. You are putting yourself at a pretty significant risk.”

Dog bites, trampoline injuries among other risks

In addition to the potential personal liability of recreational boating, other common activities could also lead to serious lawsuits against individuals — including owning a dog or having a trampoline or pool in your backyard. Earlier this year, a jury awarded $4.2 million to an 82-year-old Georgia woman who suffered significant injuries when she was attacked by a neighbor’s dog.

Slip-and-falls on your property, libel and slander claims, and injuries during social gatherings can also prompt litigation, potentially triggering coverage under Personal Umbrella Insurance after an individual’s Homeowners Insurance limits are exhausted. Late last year, three women in Massachusetts filed a lawsuit against a neighbor after the neighbor’s tree collapsed on them, CBS News reported. In almost any situation, Jefferson said, “there is the possibility that you are personally liable” for something that goes wrong.

“I definitely think that having a Personal Umbrella policy is important these days in our litigious society,” he said, adding that the average cost of a claim is steadily rising. “You never know what could happen.”

I definitely think that having a Personal Umbrella policy is important these days in our litigious society. You never know what could happen.

Serious auto accidents could also trigger coverage under Personal Umbrella Insurance after the individual’s Auto Liability Insurance policy responds. Jury awards continue to rise, including nuclear verdicts, which are awards of $10 million or more, Connolly said.

“In this day and age where we have seen an increase in nuclear settlements, the extent and cost of the damage [from a lawsuit] can be significant,” he said. “One of the benefits of insurance is asset protection. You spend a lifetime building assets, and you do not want to lose the gains you have worked for your entire life because of an accident. You cannot recoup the emotional toll from a dollar-and-cents standpoint but knowing you have an advocate in your insurance provider — who is going to work to defend you in this — can help offset some of the challenges.”

You spend a lifetime building assets and you do not want to lose the gains you have worked for your entire life because of an accident.

Consulting an expert

Whether it is a neighbor’s child who is injured on a backyard trampoline or a food delivery driver tripping on porch stairs, “these are all instances in which, through no egregious effort, an individual finds themself on the wrong end of litigation,” Connolly said. “Having the necessary protections in place can at least provide you some measure of peace of mind in what are undoubtedly very trying times,” he said.

According to Jefferson, Personal Umbrella Insurance policies are generally very affordable and often less expensive than consumers may expect. “Many individuals think this policy is very expensive or out of their budget, but it is really not,” he said. “I think it is worth every penny.”

Working with an experienced broker is always advised, especially when discussing necessary limits, Connolly added. “For any individual looking to secure protection for themselves and others, it starts with working with a reputable licensed retail insurance agent and understanding what you have and what you are prepared to risk,” he said. “The average individual is not expected to be an expert on insurance. That is why they work with a trusted insurance professional.”