Naya Rivera played Santana Lopez on Glee.
"Disturbingly, later inspection revealed that the boat was not even equipped with any flotation or lifesaving devices", it reads, which is "in direct violation of California law".
The complaint claims that "when Naya arrived at the Lake Piru Recreational Area, without a shred of information or warning about the risky conditions on the lake, she rented a pontoon boat", the complaint stated.
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"While Naya and Josey were swimming, the boat started to be carried away - likely by the current and wind, which gusted up to 21 miles per hour that afternoon".
Naya was found five days after she first went missing on the Californian lake in July.
Ryan Dorsey and Rivera's estate filed the complaint on Tuesday in Ventura County Superior Court, claiming the 33-year-old actress' death by accidental drowning was preventable.
Documents state, given the number of deaths that have taken place at Lake Piru, there should have been signage detailing the lake's risky conditions, particularly the currents.
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An autopsy report released in September revealed Rivera accidentally drowned after she and Josey had jumped into the lake together at the count of three.
According to the lawsuit viewed by Yahoo Entertainment, Rivera's family claims the pontoon boat she rented for her and her son lacked proper safety equipment. "At Lake Piru, there was not a single sign anywhere - not at the entrance, at the dock, at the popular swimming area of Diablo Cove, not anywhere - warning of the lake's strong currents, low visibility, high winds, changing water depths, underwater caves, ledges and drop offs, or the trees, brush and debris that congest its waters due to the changing water levels and winds".
Ryan also claims in the suit there were no signs warning of the unsafe conditions of the lake - and the person who rented the boat to Naya didn't warn her to wear the life vest that came with the boat. Josey then looked back at the water for his mother, and saw that Naya had disappeared.
Nothing came back in Rivera's toxicology report to change that the cause of death was drowning and the manner of death an accident.
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'Life is all about good times and bad times but with Josey it makes the bad a little less so because a part of you will always be with us.