There has been a settlement in a wrongful death lawsuit related to a fatal boating accident in New York in July 2008. The accident led to two deaths and caused two other people to be injured.
The lawsuit named a bar, Down the Hatch in Brookfield. The three plaintiffs alleged that the bar had over served Richard Layton Junior on the night of the accident. Layton consumed alcohol at the bar and then left with his two friends in a speed boat. Soon after, the speed boat collided with a bass boat operated by William D’addio.
Layton and one of his passengers were killed in the accident. Another of his passengers as well as the operator of the bass boat, were seriously injured. Investigations after the accident found that Layton had a blood alcohol level of more than twice the legally allowed blood alcohol limit. The lawsuit was filed by both of Layton’s passengers, as well as the operator of the bass boat against Down the Hatch.
The wrongful death lawsuit claimed that employees at Down the Hatch continued to ply Layton with alcoholic beverages, even after they saw that he was intoxicated. The three plaintiffs and the bar have now reached a settlement, although the terms of the settlement have been kept confidential.
Alcohol use is one of the biggest factors in boating accidents every year. But while the risks associated with drunk driving on land are well-documented and established, as maritime lawyers, we often find that people continue to remain unaware or are casual about the risks of boating under the influence. Unfortunately, there is a perception that drinking and boating simply go hand-in-hand. This is dangerous thinking. In fact, boating under the influence when you’re in a harsh, hostile marine environment may be even more dangerous than driving while intoxicated.
