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Originally Posted by Lakegeezer
Darwin rules apply in most of these situations. You take on additional risk by going out at night. A swimmer 50 feet from their properly lighted boat is taking a risk that they can hear a boat coming and get back in time.
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One problem with that example, if the swimmer was 50' away from a properly lit boat at night and got hit than a 150' rule would have been broken by the offending boat. Not the swimmers fault in this case.