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Originally Posted by Airwaves
Excuse me!!? Is a kayak not a boat? Is a kayak subject to the same navigation law as an 18' powerboat, or a 45' cruiser? YES IT IS!!!!
The kayak:The kayak was able to see the approaching vessel. The kayaker decided to abandon his boat. The kayaker PROBABLY thought the approaching boat with the spotlight was the Marine Patrol looking for unlighted kayakers in the water and rather than face a citation and fine he decided to jump out of his boat and swim away leaving his unlighted kayak floating directly in the path of an on coming boat!
The power boater is completely vindicated. The kayaker was dead wrong, completely liable and he is lucky that he is not DEAD!
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Airwaves- You are also wrong, wrong, wrong!
We all agree the kayaker was at fault, but that does NOTHING to exonerate the power boater. In your simple view of things you have reasoned that since the kayaker was at fault, the boater did nothing wrong.
It is highly possible that BOTH parties were at fault.