Tuesday, July 7, 2009

Is Captain of drunk boating incident responsible for death of drunk passenger who jumped in water & was killed by propeller?

It is that time of year when California DUI criminal defense lawyers are contacted on drunk boating (Boating under the influence or BUI) cases.

Here's a case from this year - People vs. Dawson; 172 CA4th 1073:

The defendant was driving a boat. The victim was very drunk
and kept demanding to water ski. Folks told him not to, but as the
defendant was backing the boat up, the victim jumped into the water
and the propeller killed him. Where, as here, there's and intervening
cause of the injury, the issue is whether the type of harm inflicted
was foreseeable and thus within the risk of harm created by the
defendant's negligent conduct. The C/A assures us that the victim
was very drunk and out of control, so the defendant, as the captain
of the ship, had the responsibility to folks on board, especially out of
control and drunk ones.

If you or your loved one has questions about a drunk or DUI cases in California - whether a boating case or motor vehicle case - contact an experienced criminal defense lawyer who may help.