I believe the court would have to find the owners were aware of the water and wind conditions. Their defense could be they were not in the area.
Then the court would have to find they had direct supervision and control over the boat captain.
LIkely they did not; at least on this particular day.
From a criminal standpoint, don't look for the owners to be charged.
From a civil standpoint, I doubt it will get to trial. The insurance company will look at the costs to defend the lawsuit; the probability of winning; and do not be surprised at a settlement out of court before it goes on the docket for trial.
The only winners in these lawsuits are the blood sucking attorneys.
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