A thorough analysis of the subject vessel as well as a comprehensive understanding of accident reconstruction, the United States CoastGuard Code of Federal Regulations, American Boat and Yacht Council standards, and Warning Label requirements revealed:
1) The subject boat was properly designed for safe operation and was compliant with each aspect of the relevant industry standards.
2) The subject vessel’s on-product warnings and owner’s manual provided sufficient information for safe operation. If the instructions contained within the owner’s manual, or the warning labels on the vessel had been followed by the operator, the subject incident would not have occurred.
3) The visibility from the helm was compliant with the industry standards. The design and function of the subject vessel was such that occupants in proper seating positions would not obstruct the operator’s visibility.However, the operator’s visibility was such that occupants on the forward deck both obstructed visibility and were clearly visible from the helm. The occupants’ presence on the forward deck while underway is illegal and warned against.