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Originally Posted by Mee-n-Mac
I have to wonder how this discussion would have gone if someone swimming 1/2 mile out from shore had been hit by a boat at night ? Would we be debating the need for a nightime NWS law to protect hapless swimmers from evil speeding boaters ? Or talking about a new law, having swimmers tote along a floating light visible for 2 miles ? Or would we just accept that some things are just stupid and that every once and awhile Nature reminds us of how Darwin was right.
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The swimmer is not breaking any laws.
If a boater hit and killed a swimmer 1/2 mile from shore the question would be should the boater be charged with vehicular homicide. The speed of the boat and weather conditions would certainly be a factor. And obviously if the boater was drinking.
If you think the boater gets an automatic walk because the swimmer is an idiot, then you are living in dream land.