Boats are still “boating” even when stationary in the water

October 16, 2014

  • 268 Municipal Corporations
  • 268XII Torts
  • 268XII(E) Condition or Use of Public Buildings and Other Property
  • 268k851 Parks and public squares and places

10-16-14Fishing from a canoe tethered near the shore of a public waterway that is also used by powerboats is “boating” under the statute providing governmental immunity for hazardous recreational activities such as boating; a canoe is clearly a boat, the term “boating” is not limited to boats that are traveling, and falling from a stationary canoe is objectively foreseeable.

Wood v. County of San Joaquin, 4 Cal.Rptr.3d 340, (Cal. App. 3 Dist., 2003)