Malibu Boats Hit with Class Action Lawsuit Over Undisclosed Bow Seating Hazard

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A proposed class action lawsuit alleges several makes and models of boats were sold by Malibu Boats, LLC with unsafe seating capacities as a result of some of the vessels’ seats being placed where they can be “easily swamped” with water—and where any seated passenger could be injured or pulled from the boat while it is in motion. 

If you bought or leased any boat model included in the Malibu Boats safety alert issued in July 2023, let us know here.

The 45-page Malibu Boats lawsuit says the so-called bow seating hazard, in the front of affected boats, was brought to light in a July 2023 service advisory wherein dealers were told that “Malibu now prohibits passengers in the bow area” of certain boats while in motion. As a result, the total capacity of the affected boats was reduced by two passengers, the suit states.

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According to the complaint, Malibu Boats, which reportedly brings in more than $1 billion per year in revenue, knew as far back as 1996 of the bow seating hazard defect plaguing the following makes and models yet failed to disclose the problem to buyers and lessees:

• 1986–2002 Sunsetter; 
• 1989–1994 Euro-f3 Sunsetter; 
• 1990–1993 Mystere 215LX Euro-f3; 
• 1993–1998 Echelon LX; 
• 1995–2014 Response LX; 
• 1998– 2003 Sportster LX; 
• 1999–2006 Sunsetter LXi; 
• 2002–2007 Sunsetter (23) XTi; 
• 2003–2008 Sunsetter 21 XTi; and 
• 2003–2011 Response LXi. 

The filing explains that a hazard of using a recreational boat is when the boat’s freeboard—the distance between the front tip of the boat, or the bow, and the surface of the water—is lower than the wake created by the vessel . When this occurs, water enters the boat and causes swamping. In this situation, the boat takes on a significant amount of water, which causes the bow itself to be submerged under the surface. 

Per the complaint, the design of the above-listed boats, each of which has a low-slung bow, is such that their freeboards can be lower than the wake created by the boats themselves. If there are passengers in the bow area where seats are installed, the boats can experience swamping, including during normal, foreseeable and intended use, such as when a boat “crosses its own wake at low speeds.” 

The design decision to give each affected Malibu boat a bow low to the water “has major safety implications,” which the defendant failed to warn about prior to July 18, 2023, the lawsuit states. 

Rather than disclose the bow seating problem, the case says, Malibu Boats instead touted the “quality, durability, reliability and performance” of the above-listed boats and advertised that their seating capacity was safe.  

Per the complaint, Malibu Boats has no repair for the bow seating hazard, and buyers and lessees have paid for boats that do not have the seating capacity that was advertised. The value of the above-listed boats has been substantially decreased given that there is no permanent repair for the problem and that any passenger who sits in the front area of a boat is endangered, the suit adds.  

Similarly, at the time of purchase or lease, the value of the boats was artificially inflated given the undisclosed bow seating risk, the case says.

“The Defect causes passengers in seats located in the bow of the Class Vehicles to be dangerously exposed to water swamping over the side of the boats and puts them in danger of being pushed overboard,” the lawsuit summarizes. 

The suit contends that the issue is the result of “defective design and/or manufacturing” and poor quality control procedures on part of Malibu Boats. 

If you bought or leased any boat model included in the Malibu Boats safety alert issued in July 2023, let us know here.

According to the filing, Malibu Boats finally acknowledged the bow seating hazard after losing a wrongful death trial in Georgia concerning the death of a seven-year-old who was seated in the bow of an affected boat when he was swept overboard. 

“As described by Defendants: A tragic incident occurred with a Malibu Response LX boat. A passenger was washed out of the bow seating area during a bow swamping incident (when water comes over the front of the boat). The passenger was then hit by the propeller and died. The accident involved a 2000 model year Response LX boat that was manufactured by Malibu Boats West, Inc. (‘West’)… To prevent this from occurring again, Malibu now prohibits passengers in the bow area of similar boats while the boat is in motion. This reduces the boat capacity by two (2) passengers. Malibu will provide updated capacity labels and warnings stickers reflecting this new safety policy.” 

The Malibu Boats class action lawsuit looks to cover all individuals or entities in the United States who bought or leased any of the boats listed on this page. 

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