Singer Zubeen Garg’s drowning highlights potential liabilities of vessel operators: Lawyers

Part of the responsibility could be attributed to the guest if he chose to enter the water and ignore instructions, or behave dangerously despite the yacht owner or charterer’s best efforts, said Mr Lee.

Ms Vanessa Sandhu from Clifford Law LLP said a key question is whether the yacht captain or operator owed a duty of care to the passenger and, if so, whether a breach of that duty caused the death.

She added: “A yacht captain and operator generally owe passengers a duty to take reasonable care for their safety while on board, including swimming or water activities. This may include providing safety equipment and issuing appropriate safety instructions.

“However, the standard of care is an objective one, based on what a reasonable captain or operator would have done in the circumstances. It is not an absolute obligation to prevent all harm.” 

The operators of the vessel Mr Garg was on said during the coroner’s inquiry that no one had forced Mr Garg to consume alcohol or enter the water.

The singer and his entourage were also informed on the yacht about the necessity of wearing life jackets before going for a swim.

After arriving near the island, Mr Garg initially put on a life jacket and jumped off the yacht for a swim.

He later removed it while in the water, as he found it was too big for him. When he returned to the yacht, he had to be helped on board as he was breathing heavily.

The artiste went back into the water but refused a smaller life jacket and continued to swim without one.

Ms Sandhu said a yacht owner or operator is not automatically liable merely because a passenger is intoxicated. Liability depends on whether reasonable steps were taken in the circumstances, which vary on a case-by-case basis.

Factors such as whether alcohol was served by the operator on board may also be relevant.

She said that intoxication, particularly, if known to the captain or crew, may increase the foreseeability of harm and raise the standard of care expected on their part, potentially requiring greater intervention.

In some circumstances, it may be arguable that a reasonable operator should delay water activities or restrict access to the water if a passenger is intoxicated and refuses to wear safety equipment.

In Mr Garg’s case, Ms Sandhu said that from what has been reported, it appears that a safety briefing was given, life jackets were provided and that repeated warnings were given before the passenger entered the water without a life jacket.

She added that these factors may weigh against any finding that the yacht operator breached its duty of care.

A coroner’s inquiry on March 25 ruled Mr Garg’s death as accidental drowning.

State Coroner Adam Nakhoda found that the captain of the vessel had informed Mr Garg and his entourage about the necessity of wearing life jackets before going for a swim.

There was also no evidence of any delay in administering first aid, nor in getting Mr Garg back to the mainland to convey him to a hospital.

On April 1, the police said in a statement that investigations into Mr Garg’s death had concluded, with no evidence of foul play.

Ms Kiran Sujanani, director of Yacht Bookings, said all guests are required to go through a mandatory safety briefing by the captain, in which guests are reminded not to consume too much alcohol while on board.

Crew members also keep a lookout for guests who are in the water during the trip.

In the event that guests misbehave or consume excessive amounts of alcohol on board, the captain has the right to stop the trip and return to the marina, where guests will be asked to disembark.

Yacht manager Sim Yuan from Zenith Yacht Charters said the company has a similar safety protocol for guests, which includes safety briefings by the captain.

Guests are informed they are allowed to swim only once the yacht’s engine has been turned off. They are required to don a safety jacket before entering the water, said Mr Sim.

Crew members also monitor guests who consume alcohol on board, and caution intoxicated guests from entering the water.

“If they are already drunk, we will stop them from going into the water,” said Mr Sim, who added that crew members sometimes ask the intoxicated guest’s friends to persuade them not to swim.

Mr Garg was scheduled to perform on Sept 20 at a concert organised by North East India Festival Singapore.

The cultural festival was organised by the Assamese community in Singapore.

While criminal investigations in Singapore have concluded, the authorities in India are continuing with their probe.

Four individuals have been charged with murder in India, including North East India Festival Singapore organiser Shyamkanu Mahanta, Mr Garg’s manager Siddharth Sharma, and co-musicians Shekhar Jyoti Goswami and Amritprava Mahanta.

Mr Garg’s cousin, Mr Sandipan Garg, has been charged with culpable homicide not amounting to murder.