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BOATING ACCIDENTS Boating is regulated by Arizona law, but less extensively than automobile or aircraft operation. Arizona statutes prohibit, for instance, the operation of a boat while under the influence of drugs or alcohol, or while otherwise incapacitated. To operate a boat while under the influence or while incapacitated would result in negligence per se (proof of violation of the boating regulation also establishes negligence) claims, assuming the circumstances could be proven. As a subcategory of boating accidents, the State of Arizona has enacted “Personal Watercraft” laws, which regulate jet skis, etc. A “kill switch” must be used if the personal watercraft is so equipped, as necessary, etc. Interestingly, under Arizona law, it is presumed that the “personal watercraft” operator was reckless if that operator violated two or more statutorily proscribed acts at the same time, while operating the craft. See A.R.S. § 5-350, et seq. |
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