Skip to main content
Loading…
This section is included in your selections.

It is unlawful for any boat owner to operate or cause to operate a boat in a negligent manner. For the purpose of this section “to operate in a negligent manner” means the operation of a boat in such a manner as to create an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation. Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant’s operation:

(a) An accident occurred;

(b) A person, including the defendant, took evasive action to avoid an accident;

(c) A person, including the defendant, stopped or slowed down suddenly to avoid an accident; or

(d) A person or property, including the defendant or his property, was otherwise endangered.

The offense of negligent operation is a lesser offense than, and included in, the offense of reckless operation, and a person charged with reckless operation may be convicted of the lesser charge of negligent operation. [Code 1979 § 18.12.030.]