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Investigators Look at Whether Overloading Was Factor in San Diego Boating Accident

Investigations into a fatal boating accident in the San Diego Bay last month that killed two people, are focusing on whether the boat was overloaded beyond capacity at the time.  Investigators are also asking questions of the charity that arranges boating trips for families of children with developmental disabilities.

The Heart of Sailing Foundation organized the boating trip for 10 people on board, including nine passengers and the operator of the vessel.  Out of the passengers, two were children.  The operator of the vessel was the founder of the Heart of Sailing Foundation charity.  According to his account of the accident, the boat flipped over because of a gust of wind.  However, the boat manufacturer has questioned the wisdom of having 10 passengers on a boat of that size.  The manufacturer of the boat Roger McGregor, has also questioned if the water ballast was properly filled at the time.

According to McGregor who owns the McGregor Yacht Corporation, investigators called him several times during the investigation.  According to him, the boat has no specifications on the weight limit or the number of passengers permitted, but the vessel could become unstable with 10 passengers on board.  However, the number of passengers that could be safely accommodated on the vessel could depend also on the weather and wind conditions at the time.

The operator of the boat is questioning McGregor’s allegations.  According to George Saidah, he has operated the same vessel several times before without any problems.  Saidah says that if McGregor believed that the vessel would become unstable with 10 passengers on board, then the company should have made this clear in an instruction manual or through a warning notice.

The accident occurred on Sunday in the San Diego Bay, on what was a great day for sailing.  Other boaters in the area mentioned later that the waters were calm, and that the day was perfect for sailing.  The 26-foot sailboat keeled over, throwing all 10 people on board into the water.  Two of the passengers, a 76-year-old man and his 48-year-old son, both San Diego residents, were killed in the accident.  No other vessels were involved in the collision.  All the other passengers suffered injuries and were rushed to the hospital.  Most of these injuries involved hypothermia.  The water temperature was in the mid-50s at the time.

Some of the passengers were wearing flotation devices.  The victims were not wearing any devices.  However, under California’s laws, only children are required to wear flotation devices.  In fact, San Diego boating accident lawyers have long called for laws mandating flotation devices for occupants of the boat.  During an adverse event, when passengers fall into the water, a flotation device can help them stay afloat until rescue arrives.  It’s absurd that the state of California has failed to mandate these life-saving devices for passengers in a boat.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of boating accidents in San Diego. Please visit our website at trlglaw.com. If you desire to discuss a personal injury matter,  you can reach us at (800) 644-8000 or email us.

The Reeves Law Group is not representing any party in the matters discussed in this posting.

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One response to “Investigators Look at Whether Overloading Was Factor in San Diego Boating Accident”

1. Pidefenders writes:
   

   I definitely agree with the idea of implementing laws in California that will mandate sailors to wear life vest and other necessary safety gears before sailing. It is so sad to hear people drowning because they fail to wear flotation devices. There must be someone who should be held liable for this catastrophe.

   @ April 19th, 2011 at 21:25