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08-02-2007, 08:23 PM | #11 | |
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Case law is what you want to look at here.
I figured it’s been a while so I’ll “weigh” in on this one.
The ultimate cause of the accident, assuming the facts presented are accurate, was that the kayaker(s) that were struck were not showing the required lighting configuration and are therefore completely to blame for the accident. Navigation laws are similar in the US and Canada, so without digging too deeply looking for case law on this topic I found a similar case (underway powerboat strikes an unlighted vessel at night). The case was decided by the British Columbia Supreme Court. I am sure anyone who wishes will be able to find other such accidents to compare it with. Quote:
Kudos to Sue15 and her crew for taking quick action preventing this from becoming much much worse. It's unfortunate that they are going to suffer emotionally because of the bonehead move of a couple of kayakers! |
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