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No life jacket vs. responsibility for wake

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No life jacket vs. responsibility for wake

Old 06-09-2019, 01:39 PM
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Default No life jacket vs. responsibility for wake

You’re on the jury. What percent of the liability for the drowning attributes to not wearing a life jacket when you fall overboard from passing boat wake? How much liability on the guy tossing the wake?

I could be convinced 100% rests with no life jacket.
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Old 06-09-2019, 01:43 PM
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I'd be interested in how the law sees this one. If the boat tossing the wake is more than the legal distance away, I'm not sure there should be liability.
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Old 06-09-2019, 01:54 PM
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Originally Posted by chrispnet View Post
I could be convinced 100% rests with no life jacket.
I could be convinced that this would be 100% wrong.
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Old 06-09-2019, 01:56 PM
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Much would depend on how egregious the wake was. Other than that jury might not be sympathetic to the no life jacket precaution.
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Old 06-09-2019, 02:00 PM
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If the law does not require a life jacket on that individual, you are 100% liable for your wake. My buddy was swamped by a cruisers wake in the ICW. Jury found the cruiser guilty.
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Old 06-09-2019, 02:16 PM
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Not enough information.
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Old 06-09-2019, 02:21 PM
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True, maybe wifey was doing the wild thing, he got shook and fell backwards overboard.
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Old 06-09-2019, 02:26 PM
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Flat earth or round?

I say the plane takes off.
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Old 06-09-2019, 02:28 PM
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Originally Posted by magua View Post
True, maybe wifey was doing the wild thing, he got shook and fell backwards overboard.
Not really funny to those who knew him.
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Old 06-09-2019, 02:36 PM
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I think there's a lot of "it depends".

If it was a 50' SF that went 50' plowing past their little 22' CC then you might convince me there's a wake liability. If that SF was hundreds of feet away, or it was a freighter pushing a 5' bow wave that was hundreds of feet away, then no way would I pin any liability on the wake. You're out on the water and you have to take responsibility for the conditions you're going to run into out there, which also means an occasional "rogue wave" that comes your way.

I have no idea what the "big boat" was, what boat they were in, or how far apart the boats were. Those questions would have to be answered before I'd get close to a decision.
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Old 06-09-2019, 02:36 PM
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Seated in a safe position or bowriding/sitting on the gunwale/etc.?
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Old 06-09-2019, 02:38 PM
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Why wasn't anyone else ejected from boat?
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Old 06-09-2019, 02:52 PM
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Was is a no wake zone? If you're out in open water and there's lots of boating going on there are many factors that go into ones speed, crossing boats, skier's, multiple wakes from other boats etc.I think it falls on the person not wearing the device unless you're in a restricted zone.
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Old 06-09-2019, 03:28 PM
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Originally Posted by YFMF View Post
Was is a no wake zone? If you're out in open water and there's lots of boating going on there are many factors that go into ones speed, crossing boats, skier's, multiple wakes from other boats etc.I think it falls on the person not wearing the device unless you're in a restricted zone.
The news accounts said 2 miles north of the Texas City Dike. This would be no where any No Wake Zones and possibly out in the middle of the Bolivar Roads Shipping Channel. Think out in the middle of New York Harbor or Miami Bay. Every ship going to the Port of Houston or the Port of Texas City has to pass by the Texas City Dike.
[COLOR=left=#222222]the chief was recovered from the water by a [/COLOR][COLOR=left=#222222]Galveston County Marine Unit boat crew near [/COLOR]mile marker 32 on the west end of the Houston Ship Channel[COLOR=left=#222222], the City of Kemah said[/COLOR]

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Old 06-09-2019, 03:55 PM
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It all depends on the race of the wake creator, and the race of the "Victim."
That's the PMSNBC/CNN answer.
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Old 06-09-2019, 04:04 PM
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Originally Posted by 2dogs1949 View Post
If the law does not require a life jacket on that individual, you are 100% liable for your wake. My buddy was swamped by a cruisers wake in the ICW. Jury found the cruiser guilty.
I would say this. Any number of ways to fall over and die where a lifejacket wouldn't help.

A life jacket isn't a 100% failsafe, and shouldn't need to be. It is an added precaution.
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Old 06-09-2019, 04:07 PM
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Default Video?

Is there any video?
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Old 06-09-2019, 04:07 PM
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What does the toxicology report state about the person who drowned?

was this a no wake zone?

a set of solutions possibly exists to support either side, or support mutual fault.
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Old 06-09-2019, 04:08 PM
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Looks like we'll soon be needing another big decision by the SCOTUS.
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Old 06-09-2019, 04:09 PM
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Originally Posted by Jersus View Post
What does the toxicology report state about the person who drowned?

was this a no wake zone?

a set of solutions possibly exists to support either side, or support mutual fault.
Read my post above

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