Intoxicated Boat Operator Causes Fatal Accident

Case Overview

This case involves a group of individuals who were injured while boating at night. Allegedly, the individual who was operating the vessel was intoxicated and crashed it into a breakwater that was not lit. Two passengers were thrown from the boat into the breakwater. One drowned and the other individual was severely injured. An expert in boating safety and operations was sought to discuss boating safety protocols or procedures to prevent incidents of this type.

Questions to the Occupational Health and Safety expert and their responses

What safety protocols or procedures exist to prevent incidents like this from occurring?

There are numerous safety protocols that exist to prevent incidents such as this from occurring. There are many factors relative to the captain of the boat that should be taken into account such as their qualifications, their skills as a boater, their ability to pilot the boat, the working condition of the vessel, and what the captain was trying to accomplish in terms of the mission prior to the incident. With regard to operating a vessel while intoxicated, there are DWI state and federal laws that must be followed. Ultimately, the captain (or driver) of the boat is held responsible for all individuals aboard. Commercial captains have different laws that are applicable to them. With regard to the breakwater being lit, it is the responsibility of the driver of the boat to know where they are going and what dock they are entering. There are charts that will show you the breakwater locations. If you do not pay attention or use the charts, then it is considered negligence if an accident occurs under your watch.

About the expert

This expert has over 20 years of experience in boating and safety operations, having spent time in the United States Coast Guard. He earned his BS from Rockhurst University and his MA from Washington University in St. Louis. He is a certified emergency manager, an instructor for the National Association of State Boating Law Administrators, and has been trained as an auxiliary coxswain (small boat captain) by the US Coast Guard. This expert is a member of the American Red Cross and the International Association of Emergency Managers. He previously served as a homeland and maritime security specialist for Booz Allen Hamilton and as a crisis manager for the National Association of State Boating Law Administrators. Currently, he serves as the director of emergency management at a university in Missouri and as a crisis manager for both a state incident management team and a boating safety national organization.