Back in April we posted details of a court case resulting from a fatal kayak accident on Lake George N.Y. last summer. It all stems from an incident where a power boat was involved in a collision with a kayak resulting in the death of the kayaker.
From news reports , we noted that Town Justice Robert McNally ruled that the kayak was not considered a vessel under state law, so the operator of the power boat was not required to yield the right of way.
Bonnie over at Frogma has posted a response on her blog from the Saratoga County District Attorney Jim Murphy who prosecuted the case. His comments in part read:
“I too am a kayaker and was stunned to read the judge’s decision and the court’s incredibly strict and narrow interpretation of the Navigation Law. We have decided to pursue a statutory change to affect all New Yorkers by amending the Navigation Law in next year’s legislative session.”
You can check out her posting and the full comments from the DA over at the frogma blog The DA will be looking for support from all interested parties to lobby for the changes in the Navigation Law.
For discussion of the case, and what it means, visit the NACK Long Island Sea Kayak Message Board