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Skip · 05-02-2005, 05:16 PM

Hi Silver duck,

I think we both know you are waiting in vain, there is no specific statute referencing wake damage directly. However, if intent can be shown, a charge of reckless operation should apply:

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Operation of Boats
Section 270:29-a
270:29-a Careless and Negligent Operation of Boats. – Any person who shall operate a power boat upon any waters of the state in a careless and negligent manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor.
Source. 1981, 353:12, eff. Aug. 22, 1981.

Since this charge is a misdemenanor, intent & culpable state of mind have to be proven by the prosecutor.

If the damage is strictly property related, civil damages can always be pursued in Court.

However, as I posted elsewhere, this month's issue of BoatUS Seaworthy magazine shows that common sense applies to both parties. In a case cited, a large ship producing a large wake was not liable for damages to an anchored vessel because the court felt that the anchored vessel did not take in to proper consideration its location to a known shipping lane.

Once you get in Court, all bets are off!

Hope this helps,

Skip

05-02-2005, 05:16 PM	#15
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Wake liability.... Hi Silver duck, I think we both know you are waiting in vain, there is no specific statute referencing wake damage directly. However, if intent can be shown, a charge of reckless operation should apply: TITLE XXII NAVIGATION; HARBORS; COAST SURVEY CHAPTER 270 SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER Operation of Boats Section 270:29-a 270:29-a Careless and Negligent Operation of Boats. – Any person who shall operate a power boat upon any waters of the state in a careless and negligent manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor. Source. 1981, 353:12, eff. Aug. 22, 1981. Since this charge is a misdemenanor, intent & culpable state of mind have to be proven by the prosecutor. If the damage is strictly property related, civil damages can always be pursued in Court. However, as I posted elsewhere, this month's issue of BoatUS Seaworthy magazine shows that common sense applies to both parties. In a case cited, a large ship producing a large wake was not liable for damages to an anchored vessel because the court felt that the anchored vessel did not take in to proper consideration its location to a known shipping lane. Once you get in Court, all bets are off! Hope this helps, Skip