Balog: Are we covered?

Black Friday came and went, with anglers in Alabama having more time to shop. The Black Friday Guntersville Open Bass Tournament was canceled, ending a tradition among bass fishermen that normally keeps them out of the stores. 

The cancelation was the latest example of fallout from a boating accident occurring in April of this year. Many readers will remember the tragic case in which a competitor in an MLF-sanctioned event collided with a charter boat on Smith Lake, killing three men aboard the charter boat. 

The boat driver, Flint Davis, has been indicted on three counts of reckless manslaughter while MLF is being sued by family members of one of the victims. That court case is currently pending.

As a result, tournaments across Alabama are being canceled out of fear of retaliation, should another accident occur. It’s likely that tournament organizers in other states are reviewing the laws and considering their options, too. 

It should be noted that the MLF lawsuit is being portrayed as misinformation and attempts to cast blame in multiple directions. Regardless, the fallout is real. 

Alabama requires boaters, both resident and nonresident, to obtain a boater safety certification before operating a vessel. Court document allege Davis did not have this certificate.

But does that really matter? In many states, boaters safety courses are listed as mandatory but rarely taken seriously. I can’t talk of the specifics of Alabama, but I’ve boated there numerous times, as well as on waterways across the country, and never, in my lifetime, have I been checked for any type of certificate. 

And in terms of fallout related to tournaments, is there anything to worry about? Participants sign wavers releasing tournament organizations from liability, right?

Maybe, maybe not. This outcome of these lawsuits will certainly establish a precedent for the future.

It argues that high-speed boat operations in tournaments are incentivized, creating “a foreseeable risk of serious injury…”

That point can be hard to argue. In bass tournaments everywhere, competitors prioritize the highest speeds possible to reach their fishing destinations, often taking serious risks to the health of themselves and others on the water. True. 

We take it for granted. But, in reality, traveling at speeds in excess of 70 miles per hour on a 21-foot piece of fiberglass, often in congested traffic, can be considered less than “safe” (Note: the Smith Lake accident was said to occur at 67 mph).

MLF argues that, in this case, congestion did not factor in in any way. But there are additional factors to consider. How about an obstructed view?

Bass boats have limited fields of view, as the driver sits lower than in most other crafts. Factor in today’s oversized depth-finder screens and the common practice of installing several at the console, and more challenges arise. Now, MLF allows a maximum height for console mounted screens, but it’s measured from the steering column and is fairly arbitrary depending on a boat's configuration and driver’s size.

Also to be transparent, there is verbiage in the current court case against MLF regarding drug and alcohol testing of the boat driver in question. Something more to factor in.

However, all of that aside, we still see fairly regular deaths as a result of boating accidents in and around bass tournaments. That’s just a fact. Two-hundred and fifty horses in the hands of a negligent driver will do that.

I remember covering the case of Nik Kaylor, the co-angler who died after he was ejected from a boat traveling on the rough waters of Lake Okeechobee. It seemed so unnecessary.

And here we are again. Footage of the most recent accident is available online. The boat that was struck was clearly visible in what appeared to be pleasant conditions. While several factors could be at play, this, again, seems negligent all around. 

Statements were made by investigators in Alabama following the latest accident. The facilitators of the tournament owed a duty to participants, to non-participants on the water and the general public to promote safety during the fishing tournament, they said. 

Interpretation of that rule will be key to the outcome of this scenario. Do bass tournaments take into consideration the safety of competitors and non-competitors alike, when hundreds of anglers race across the public waterways at once, at speeds faster than highway traffic?

The answer to this question seems obvious. 

But, given the implications, it may be tough to say out loud. 

Joe Balog is the Executive Director of Mighty River Recovery, a nonprofit organization working to restore Florida’s St. Johns River. A former national tournament angler, product designer, seminar speaker and guide, Balog has worn just about every hat available to a professional angler. Today, he enjoys rehashing his experiences and adding veteran insight through his weekly Bass Wars column.

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