This is not a “ski boat” specific issue. Almost every manufacturer of “runabout” type boats has an open bow. It’s more rare to find closed bow boats, at all, these days. Malibu was not liable for this, as much as any other manufacturer would be. Poor driving was the biggest factor. Someone who does not know how to handle a boat, of any design, should not be allowed to drive one. Sadly, that little nugget of common sense does not fly in this world.
Watch “haulover inlet” on Instagram. I don’t think they could put a big enough billboard on that pass saying “get your dumbass out of the bow!”.
I loved the bow seating in my old Prostar. Used it safely with no issue. The biggest problem I had was the same problem with my 196, every boat on the water is now 24+ feet long and the wakes on small bodies of water have gotten enormous. Difference is, I know how to safely operate a vessel. Even on my 26 foot Regulator I don’t let anyone ride in the bow in extremely rough seas or dangerous passes. Seamanship is still a thing