A case for criminal negligence charges...your thoughts?

[Silly Seville]

http://www.fox59.com/news/wxin-dnr-...ng-serious-accident-20120704,0,5798500.column

By Marisela Burgos

4:02 p.m. EDT, July 4, 2012

Indianapolis

A 15-year-old boy suffered severe cuts to his abdomen from a boat's propeller during an accident Tuesday.

Indiana Conservation Officer Max Winchell said two 15-year-old Indianapolis teenagers were on an inner tube at Cataract Lake near Cloverdale when it happened. Winchell said a 12-year-old boy was driving the boat. He said there was an adult on board in his mid-20?s.

In order to drive a boat, a person has to meet a few requirements, though.

?In Indiana you have to be 15 and take a boater safety course and have (an) ID, a BMV ID, or be 16 with a driver?s license to operate anything over 10 horsepower,? Winchell said.

Around 4:30 p.m. Tuesday, DNR said for some reason, the 12-year-old boy turned the boat toward the two boys on the inner tube.

Winchell said the two teenagers tried to move out of the way and jumped into the lake. The motor?s propeller cut one of the boys. Winchell said they were all there because they were a part of a youth camp with Five Stones.

?It might seem like a good idea at the time to let one of the younger people on the boat, but things can happen quickly and it can turn out serious, just like this accident did,? Winchell said.



If that were my child that got sliced up...I would be suing everybody! Boat owner, 20 year old, parents of 12 year old "driver", etc. etc.

I hope the DA presses charges against the adult on board for criminal negligence!

 

[Home Cookin']

Re: A case for criminal negligence charges...your thoughts?

calm down. The boat owner has nothing to do with it, especially since he sent a 20 year old out there. The parents of the 12 year old have nothing to do with it.
The 12 year old is clearly at fault, but some states hold that "infants" can't form criminal intent. Go read the statutes (or let the DA do it). He would, however, be liable civilly for negligence. How much money does he have?
The 20 year old who let the 12 year old drive has legal problems. Civilly I think the negligence is clear cut. Criminally, maybe not, but the DA there knows the law.
If the 12 year old says "I ran them over on purpose" then it's a whole new chapter.

I think the "youth camp" may have serious exposure but too much depends on the circumstances of the "entrustment" to assess it. Of course, a camp can't be "criminally" negligent, but could be civilly liable. This is why any of you who help out with youth activities need to have good liability insurance. Once someone's mad after a serious mishap, everyone gets sued; you have exposure as well as legal costs to defend that you want insurance for.

 

[ajgraz]

Re: A case for criminal negligence charges...your thoughts?

I think this is a case of a dumb-a** 12-year old. I bet he thought it would be funny to "buzz" his buddies.

 

[BuzzStPoint]

Re: A case for criminal negligence charges...your thoughts?

I think this is a case of a dumb-a** 12-year old. I bet he thought it would be funny to "buzz" his buddies.

I disagree with that.
You can't hold a 12 year old to the same standards of an adult. Judgement, responsibility, and/or the seriousness of actions just doesn't comprehend in most 12 year olds minds.

This was a complete lack of judgement on the boat operator ( legal adult).



Side note, my youngest is 13. He was a little upset when I wouldn't let him drive my boat this past weekend. (Our city has a big weekend long rendezvous with fireworks over the river on Sunday. ) Simply were to many people on the water swimming, kayaking, rafting and boating. On the 4th we went out in the morning, Total of 3 trucks in the parking lot of the boat ramp. One boat tied up at dock. Here I let him drive the boat.

 

[Home Cookin']

Re: A case for criminal negligence charges...your thoughts?

I usually let the very young drive when I can stand behind them to hold the wheel and throttle, and it's NOT crowded.

My guess it that this wasn't the case here; maybe it was a small tiller steer. But last year, some morons let a very young child (8 maybe?) drive into the creek at a good speed; he somehow panicked, gunned it, ran under a pier, and killed his aunt who was in the bow. No one was near him to grab the wheel, kill switch or throttle.

Now it's possible in this case that the older one was teaching the younger to drive the boat, a tiller steer, and couldn't get to the motor/controls fast enough to prevent the collision. One, you don't teach people boating when you don't have control except in wide open water. Second, you hang on to the kill switch lanyard, maybe even tie a line to it.

edited to add the "NOT". Yikes!

 

[SteveMcD]

Re: A case for criminal negligence charges...your thoughts?

Safe bet no insurance. Poor kid is going to have a long, painful expensive recovery. "severe cuts" is putting it mildly to say the least.

 

[LippCJ7]

Re: A case for criminal negligence charges...your thoughts?

Around 4:30 p.m. Tuesday, DNR said for some reason, the 12-year-old boy turned the boat toward the two boys on the inner tube.

This is the part that I have issue with, if there are witnesses that saw this it could be seen as intent. Should be interesting to see how this one plays out, something to keep an eye on, my gut tells me the 20 yr old is in a heep of trouble but I have no knowledge of Indiana Law.

I dure hope the injured child gets well, this could have been deadly very easily.

 

[Silly Seville]

Re: A case for criminal negligence charges...your thoughts?

This was no tiller operated boat.

http://www.bannergraphic.com/story/1867068.html

 

[BonairII]

Re: A case for criminal negligence charges...your thoughts?

I'm curious as to why/how the 20yr old wasn't able to grab the wheel from the youngster and stop/steer the boat and avoid hitting the kids on the tube.

Technically, the 20yr old probably CAN(and maybe will) be charged with criminal negligence, endangering the welfare of a child(ren) etc.

 

[Home Cookin']

Re: A case for criminal negligence charges...your thoughts?

the second story says the boat that hit the boy was the same boat towing the tube the boys were on. Except at low speed, how do you turn around and hit your own tube? I had thought from the first story that he went after some boys floating, not the ones he was towing.

Maybe he turned around to pick them up, came in too fast (or gunned it once pointed at them), didn't go into neutral or cut the engine, the others panic and jump overboard--it all goes back to the 20 year old not being hands-on even if he let the 12 year old "drive."

The camp was for disadvantaged urban youths (aka yutes) so it's a safe bet they weren't boaters, more reason the 12 year old shouldn't be driving.