CrownHawg

Pretty much!!

Big Time

I guess I don't understand...

Let's just say for the sake of argument that it was a cruiser that created the wake that resulted in this particular accident on LOTO that day. I could easily make the argument that if the driver/operator had hit that particular "wake" at 40-45 mph, no such video would exist...in other words the boat would have been able to navigate that wake successfully at that speed, with no injury to its occupants. However, as the video shows, the operator choose to run his boat full throttle, hitting the “wake” at a much higher rate of speed than what was safe for all the occupants in the boat.

So my question is, at what point so you assign the responsibility from the driver of the Fountain, who DOES have the ability to navigate the wake safely, to the operator of the cruiser causing a wake, who is most likely already operating his/her vessel at a safe speed.

Is it possible that if I take out my 18 ft bowrider and throw a big enough wake (6-8 inches) that some guy doing 85 mph in his/her jet boat hits, gets out of shape, and injures himself, I could be held responsible for his recklessness? After all, you have claimed that I (as operator of the vessel) I am responsible for my own wake. I'm just curios where the line is drawn.

I’m actually interested in getting an answer from a legal perspective and whether or not any lawyer with any sort of ethics/morals would pursue something like that?

PhantomChaos

Sure looks like him.

PhantomChaos

Is that guy that fell out actually trying to "grab" the boat? I'd be swimming the other way!

Sydwayz

iTrader: (1)

Ouch! I think I can hear those U-joints complaining!

X-Rated30

I'll reply to you, Matt, because you are being civil and asking a question, rather than attacking people that try to teach you the law. Both people can be at fault in an accident. If I leave a loaded shotgun on my front yard, I am not breaking the law. Yet I am creating an inherently dangerous situation. When some moron that has no business in my yard comes up and starts looking at and playing with it and shoots his foot off, I will be partially at fault. The other person broke the law by coming into my yard (trespassing) and by playing with my property (unauthorized use of a movable). Yet, I will still be held partially at fault for creating the dangerous condition.

WE ARE ALL RESPONSIBLE FOR OUR OWN ACTIONS AND SHOULD OPERATE OUR BOAT IN A RESPONSIBLE MANNER. Nevertheless, the cruiser owners should not put others in danger either by throwing a wake larger than necessary in a crowded area. When the CFR says you are responsible for your wake, this is part of what they are talking about. By the other side's logic, we can boat as fast as we want in a crowded area, because we aren't breaking any speed limits. I am not saying cruisers can't throw wakes... I am saying they have the same responsibility as we do - operate your boat in a prudent manner under the conditions.

I am far from an expert in maritime law, but this stuff is kind of basic. Maybe it would be a good subject for a Speed On The Water, and you could get someone to explain this to the masses.

soldier4402

Lol. Man the first smart one in a while. Well said. Its like skidding off the road in the winter, your fault you were going to fast, nobody skids off a road going 5mph

soldier4402

understand what you are saying but if thats case everybody is always at fault. Im some jack ace breaks into my home and dies on bleeding out from cut glass. Am I at fault for not having safety glass in my windows? not being a smart ace, but how far do you carry it as it being your fault all the time. Althought I would agree whatever is behind the cruiser is everybody else fault, now it could be the reason the fountain jacked up. But a boat ahead of another shouldnt have to slow down, it makes no sense. And to top it off, good luck getting a judge to agree to that. Kind of like saying when I changed lanes my blinker blinded the guy behind me and 5miles down the road he crashes, it would never fly

Quinlan

iTrader: (1)

I think its Reggies fault
Put in some better bolsters and they stay in their seat.
Just sayn

low_psi

So again, I ask you (x-rated) to please post one prior case that proves your point..... I am not making personal attacks. But just countering your poor interpretation of the law.