Lawsuit filed in Lake of the Ozarks dock electrocutions

230 Mike · **Posted:** Sun Aug 11, 2013 8:42 pm

http://www.kmbc.com/news/kansas-city/la ... index.html

Baseless IMO, but this problem needs more attention. I wonder if any state has as many run-down, neglected docks as Missouri.

purdueosch · **Joined:** Mon Oct 15, 2012 9:52 am **Posts:** 141

I agree Mike, I've heard the horror stories down here at LOTO. I can't help but "inspect" each dock I use to make sure it's been maintained to some acceptable level before jumping in the water. It would be easy to enforce some kind of inspection every 4 years, something similar to the vehicle inspections Missouri requires already. Then if it doesn't pass inspection, you have so much time to fix it before you have to pay fines or lose your dock.

ric · **Posted:** Mon Aug 12, 2013 7:01 am

No.

The National Electrical Code (what every state goes by including Arkansas) requires ground fault outlets outside since 1971. So, for her dock to not have GFCI protection it's older than 1971. If the dock was built newer than 1971 does she have permits for said electrical service at the dock? That would be on record. There would also be record of the inspection of said electrical service installed at the dock.

Since we know her dock/boathouse did not have any kind of ground fault protection the electrical service was either really old and in a state of disrepair causing the death of her children, or built without a permit not conforming to code. Either way, she opened up a can of worms because if I was a state attorney I would pursue criminally negligent charges against her for the death of her children.

230 Mike · **Posted:** Mon Aug 12, 2013 10:38 am

The issue is that Missouri has lots of lakes, LOTO is only one of them, and they're fantastic boating lakes - so there are thousands - literally countless - docks all over the state, some of which are easily 50+ years old and there just isn't any practical way to ensure they're all brought up to current standards.

IMO if you're able to get through the negotiations and paperwork involved in buying a lake property and owning a dock, you're quite capable of knowing that electricity around water is potentially dangerous and warrants attention and maintenance. But, again, we're talking about thousands of docks that have been floating since the 1950's, passed from owner to owner, etc. - the kind of environment where the absolutes of things like the NEC don't have much meaning except in new construction. The events of the last couple of years have finally brought it into the public conscience, but it's going to take years to get to a point where you can assume anything around these docks, if ever.

It's too bad. One of my happiest childhood memories is swimming with friends and their extended families around several different docks at LOTO.

ric · **Posted:** Mon Aug 12, 2013 11:33 am

As a homeowner though, it is your responsibility to take care of your property. That being said, heck I even have a friend with a dock that is about to fall over any minute. There's places you can't walk without fear of falling through. What's a piece of treated 2x4x8 cost now a days? Two dollars and some change? Not going to the bar one weekend and dropping $100 in lumber would make that junk look brand new. And safe!

Walt · **Posted:** Mon Aug 12, 2013 4:37 pm

230 Mike wrote:

The issue is that Missouri has lots of lakes, LOTO is only one of them, and they're fantastic boating lakes - so there are thousands - literally countless - docks all over the state, some of which are easily 50+ years old and there just isn't any practical way to ensure they're all brought up to current standards.

IMO if you're able to get through the negotiations and paperwork involved in buying a lake property and owning a dock, you're quite capable of knowing that electricity around water is potentially dangerous and warrants attention and maintenance. But, again, we're talking about thousands of docks that have been floating since the 1950's, passed from owner to owner, etc. - the kind of environment where the absolutes of things like the NEC don't have much meaning except in new construction. The events of the last couple of years have finally brought it into the public conscience, but it's going to take years to get to a point where you can assume anything around these docks, if ever.

It's too bad. One of my happiest childhood memories is swimming with friends and their extended families around several different docks at LOTO.

Yeah, but remember they required ALL docs to be encapsulated foam by 2012 I believe. In hind sight, they could have done the same for GFCI. I agree with you in point, but my house has a GFCI in the B-room, yet no ground to it thus not functional until I found and resolved.... hum.

230 Mike · **Posted:** Mon Aug 12, 2013 4:57 pm

Except that it's a lot easier to drive around and see the foam than it is to see if their dock circuit has a GFCI in it. I agree they could do it in theory, and should do it in any case, but you know what they say about money.

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Lawsuit filed in Lake of the Ozarks dock electrocutions

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