The death of a 13-year-old boy in a boating accident on Hagg Lake in Washington County has highlighted a number of safety issues we all need to keep in mind during this holiday weekend and in the coming weeks before fall sets in.
According to The Oregonian, the boy died “after he was hit by a motorboat.” A 21-year-old man “was arrested and is facing charges of boating under the influence, second-degree manslaughter and recklessly endangering another person.” The newspaper quotes a Washington County sheriff’s spokesman saying that he was not sure whether the boy was swimming or wading at the time he was struck, but that it is clear the fatal incident occurred “not very far off the shore.”
Terrible tragedies like this always raise a significant number of legal issues. A few of those are touched on by The Oregonian, such as reckless endangerment and BUI (the boating equivalent of DUI), which is specifically governed by ORS 830.325. This statute is far more general than the better known ones governing DUI. A boater violates it by simply operating the boat “under the influence of an intoxicating liquor, cannabis, an inhalant or controlled substance.” The law does not set a legal threshold for “influence”. Related sections explicitly forbid reckless boating (ORS 830.315) and, perhaps significantly, extend liability for reckless activity to the boat’s owner (ORS 830.330).