Rivera, 33, had rented a pontoon boat on the lake. Her son was found asleep and alone on the drifting boat later that afternoon. Rivera’s body was found floating in a 30-foot-deep area of the lake five days later. The Ventura County Sheriff’s Office said Rivera’s body was likely trapped in thick vegetation underwater for several days before floating up.
An autopsy report said Rivera was a good swimmer and called her death an accident.
But the lawsuit alleges negligence. He said the pontoon boat did not have a ladder, radio, rope, anchor or other safely accessible equipment to prevent swimmers from being separated from the boat. He also did not have a life jacket or other flotation or rescue devices, depending on the suit.
The man who rented the boat from Rivera said she refused a life jacket, but he put one on board anyway.
The prosecution also said there were no signs in the area warning of “strong lake currents, low visibility, high winds” and other dangers, although at least 26 people were there. drowned since the opening of the lake in 1959.
“While Naya and Josey were swimming, the boat started to be swept away – probably by current and wind, which blew up to 21 mph (34 km / h) this afternoon,” according to the lawsuit.
Inaccurate reports had indicated that Rivera had brought the boy back to the boat, but he had managed to board it alone, according to the costume.
The boy heard Rivera screaming for help as she struggled to get back to the boat before disappearing, according to the costume.
Rivera may not have known her son had made it to the boat “but surely she knew she was dying and would not be coming back to her son,” the prosecution said.
A call seeking comment from Ventura County was not immediately returned Wednesday evening. A county spokesperson declined to comment on Fox News, saying the county had not been informed of the lawsuit.