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High winds and five- to seven-foot swells capsized a Makah tribal canoe near the Dungeness Spit late Wednesday afternoon, killing a Canadian tribal chief and hospitalizing three canoeists. Jerry Jack, 55, of Gold River, British Columbia, was pronounced dead at the scene, Clallam County Undersheriff Rich Sill said.

Wrongful death claims may be brought regardless whether the accident occurred while the person was working or out on the water for recreation. Whether the action should be brought in state or federal court is often a question of whether the body of water is considered navigable.

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