The Rising S Bunkers lawsuit history centers on three legal fronts: a 2019 defamation suit the Texas shelter maker filed against competitor Atlas Survival Shelters, wrongful-death claims brought by families of three people killed in a 2019 underground bunker explosion in Red River County, Texas, and a 2023 insurance coverage dispute filed by Mesa Underwriters Specialty Insurance Company. The defamation case was voluntarily dismissed in 2024, the wrongful-death cases were reportedly settled out of court, and the insurance case remained open as of the most recent available filings.1Business Insider. Inside the Bitter Feud Roiling the Doomsday Bunker Business
The Defamation Suit Against Atlas Survival Shelters
Clyde Scott and Rising S Company sued Atlas Survival Shelters in 2019 after Atlas CEO Ron Hubbard published three YouTube videos attacking the company, two in April and one in June. The complaint alleged libel, business disparagement, breach of contract, and fraudulent misrepresentation.2Midpage. Atlas Survival Shelters LLC v. Clyde Scott and Rising S Company LLC Among the statements at issue: Hubbard’s characterization of Rising S as a government informant and his public speculation that Rising S was responsible for a fatal bunker explosion in Red River County earlier that year.1Business Insider. Inside the Bitter Feud Roiling the Doomsday Bunker Business
Atlas moved to dismiss under the Texas Citizens Participation Act, the state’s anti-SLAPP statute. The trial court denied the motion on October 15, 2019, and Atlas appealed.2Midpage. Atlas Survival Shelters LLC v. Clyde Scott and Rising S Company LLC
On November 18, 2020, the Court of Appeals of Texas affirmed the denial in Case No. 12-20-00054-CV. The panel agreed the videos qualified as protected speech but held that the TCPA’s commercial-speech exemption applied, taking the anti-SLAPP dismissal off the table. The court’s reasoning rested on four points: Atlas was a seller of survival shelters, the videos were made in that capacity, the statements arose out of commercial transactions involving similar goods, and the audience was actual or potential customers.2Midpage. Atlas Survival Shelters LLC v. Clyde Scott and Rising S Company LLC The claims could proceed toward trial.
They never got there. In early 2024, Brad Dancer bought Rising S from Clyde Scott and voluntarily dismissed the defamation suit, saying he wanted to “bury the hatchet.” Dancer also instituted a company policy forbidding employees from publicly disparaging competitors.1Business Insider. Inside the Bitter Feud Roiling the Doomsday Bunker Business
Wrongful-Death Claims From the 2019 Bunker Explosion
On October 12, 2019, an explosion destroyed an underground bunker on a private road near Bogata, Texas, in Red River County. Three people died: Michael Bower, 45, of McKinney, who owned the bunker; Perry Fetterolf, 50, of Willow Park; and Misty Marple, 46, of Stephenville.3The Paris News. Sheriff’s Office Releases Names of 3 Killed in Johntown Explosion The shelter was a 40-foot by 8-foot steel unit manufactured by Rising S and buried 10 to 12 feet underground, with a bathroom, kitchen area, and bunk beds, powered by a single solar panel.4KLTV. Cause of Doomsday Bunker Explosion Near Talco Ruled Undetermined
The blast blew the escape hatch roughly 50 feet from the bunker, split the steel roof, and scattered concrete across the area. The victims had burns, lacerations, blunt force trauma, and possible fractures. An air quality test confirmed propane inside the bunker, and Texas Railroad Commission investigators found a substantial leak in an above-ground propane tank or line. They could not determine whether the leak caused the explosion or resulted from it.4KLTV. Cause of Doomsday Bunker Explosion Near Talco Ruled Undetermined The Red River County Sheriff’s Office said there was no indication of criminal activity,5KLTV. Fatal Explosion Near Talco Believed to Be Accidental and the Texas State Fire Marshal’s Office ultimately ruled the cause and origin undetermined.
Families of the three victims sued Rising S for wrongful death. One of those cases, Bower, Lori (Individually as Representative of the Estate of Michael) v. Rising S Company LLC, was filed in Harris County on May 26, 2021. The docket shows partial dismissals on agreement of the parties in 2024, followed by a dismissal for want of prosecution on January 29, 2025. Brad Dancer has said the wrongful-death cases were settled out of court.1Business Insider. Inside the Bitter Feud Roiling the Doomsday Bunker Business
The Mesa Underwriters Insurance Case
Mesa Underwriters Specialty Insurance Company filed a declaratory judgment action against Rising S Company LLC and an individual named Louis Birdsong in the U.S. District Court for the Eastern District of Texas on April 12, 2023, docketed as Case No. 6:23-cv-00173. The matter is classified as a commercial insurance dispute and was assigned to Judge Jeremy D. Kernodle. It remained open as of the most recent available filings; the specifics of the underlying coverage dispute were not part of the record reviewed here.1Business Insider. Inside the Bitter Feud Roiling the Doomsday Bunker Business
Why the Regulatory Gap Matters
Anyone reading about these cases will bump into the same underlying fact: private underground survival bunkers are not subject to a comprehensive federal building code, fire code, or engineering standard tailored to residential shelters built to withstand chemical, biological, radiological, or explosive events. FEMA has published best-practices manuals, but the agency states these are non-mandatory and disclaims legal responsibility for their accuracy.6FEMA. Safe Rooms and Shelters: Protecting People Against Terrorist Attacks Federal Mine Safety and Health Administration rules cover industrial refuge chambers in mining, but do not extend to privately purchased residential shelters. Construction quality and safety are largely left to manufacturers’ own standards and buyers’ due diligence, which is part of the terrain on which disputes like the ones involving Rising S have played out.