Boating Accident/Death off Diamond Island

[Tank151]

Originally Posted by Nadia

Thank you for that information. Skip, like I said I want to pick your brain, but your all welcome and free to answer.

Erica is charged with negligence because her behavior/s resulted in Stephanie's death & the injury of another. The Court will refer to the four elements of negligence when making it's decision. One element is that if it were not for Erica's negligent behavior (being under the influence/not keeping proper look-out), Stephanie would not have lost her life, and Nicole would not be injured. Is it fair to say, in Erica's defense, if the weather conditions were indeed: foggy, misty, unusually dark and proven extremely difficult to navigate in even for an even more experienced captain, this accident would have taken place anyway? If I were her Attorney and I said, demonstrated, and proved beyond a reasonable doubt that this accident took place solely because of the weather, how do you think Prosecution would counter? I wonder if this is an avenue her Attorney will explore, and how he/she would prove abnormally foul weather was to blame? That the accident would have taken place even if she did keep proper look-out and was not under the influence of alcohol? Is it possible one could make this mistake and it truly was just an accident?

Nadia,

Enough already! I hope you're not married? If you are, your husband must be whittled down... poor guy!