Zubeen Garg's drowning in Singapore highlights vessel operators' responsibility

Singapore: The drowning of Indian singer Zubeen Garg has highlighted the responsibilities of vessel operators when dealing with intoxicated passengers, according to a news report that cited lawyers.

Among others, the report mentioned Nico Lee, managing director of Triangle Legal (a Singapore law firm), who cited the Maritime and Port Authority of Singapore (Port) Regulations that have provisions to debar drunk passengers.

According to Lee, the owner, agent, or master of the vessel must not permit an intoxicated person who is under the influence of alcohol or drugs to board a vessel if it is to such an extent as to endanger the safety of the vessel or the crew or any other person.

“In terms of civil liability, it could be argued that a yacht captain is negligent, as he owes a prima facie duty of care to guests on board under general negligence principles,” the Straits Times quoted Lee as saying.

Garg, a 52-year-old Assamese singer, drowned while swimming in the sea near Lazarus Island, a popular diving spot in Singapore, on September 19, 2025.

The singer and his entourage of about 15 individuals were partying on a chartered vessel, which they had boarded at Marina at Keppel Bay.

A death certificate issued by the Singapore General Hospital listed his cause of death as drowning.

An autopsy report showed that Garg had 333mg of alcohol per 100ml of blood in his system, which would have impacted his coordination.

In comparison, the current drink driving limit is 80mg of alcohol per 100ml of blood.

During a coroner’s inquiry in January, the captain of the yacht testified that he saw the singer and several others drinking alcohol before boarding the yacht.

The group also brought alcohol on board and continued to drink during the trip.

He said the singer was so unsteady, his friends had to hold on to his arms as he boarded the vessel.

While on the vessel, he walked unsteadily and needed help moving around.

Citing Garg’s case, Lee said the circumstances were serious, as the controller of the vessel knew that the guest was intoxicated.

He added that the singer may not have understood or processed a safety briefing for all passengers.

“That combination makes reliance on an ordinary briefing inadequate. If intoxication reaches a level that endangers the safety of the vessel or persons on board, the person in charge should not permit boarding at all,” he said.

Lee said the vessel’s operators could also have assigned a crew member to directly supervise him or ensured that he received a one-to-one explanation when he was capable of understanding.

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 Lee.

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.

“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,” the daily had Sandhu as saying.

“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,” she said.

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

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

After arriving near the island, 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 singer went back into the water but refused a smaller life jacket and continued to swim without one.

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, she argued.

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

Sandhu 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 Garg’s case, Sandhu said that from what has been reported, it appears that a safety briefing was given, and may weigh against any finding that the yacht operator breached its duty of care.

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

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