Rast v. Killoran

This case involved an action for personal injury suffered by a passenger when a small vessel collided with a submerged log. The impact caused the driver to lose his grip on the outboard motor and, as a consequence, to momentarily lose control over the vessel. The facts established that the boat driver had disabled two safety features found on the outboard engine. He had tightened the throttle screw on the outboard engine to prevent wrist fatigue and he failed to use the kill switch lanyard. The driver argued that it was a practice among fishing guides in the area to do these things. The Court, however, found these practices unreasonable and held the driver liable for the injuries to the passenger.