According to the lawsuit, which also includes claims of negligent infliction of emotional distress, Rivera's drowning was preventable. Ryan and Rivera's estate submitted paperwork on Tuesday as Josey is a minor. In particular, the lawsuit contends, the boat's signage suggested falsely that it complied with U.S. Coast Guard standards, while signs at the lake's boat dock and nearby areas provided no warning of unsafe conditions that could arise with strong currents, low visibility and high winds.
An autopsy report said Rivera was a good swimmer and listed her death as an accident.
A search and recovery crew found Rivera's body five days later after an extensive search of the lake.
The complaint also goes onto allege that there was not a "single sign" 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 other debris that congest its waters due to the vastly changing water levels and winds.
"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", according to the lawsuit.
The suit alleges the pontoon Rivera rented from Parks Management Company did not have a safely accessible ladder, adequate rope, anchor, radio, or security mechanisms to prevent swimmers from being separated from the watercraft, according to court documents obtained by CNN.
Dorsey also claimed in the suit that the employee who rented the boat to Rivera had allegedly failed to advise her to wear the life jacket included onboard. News, "Josey has suffered substantial economic and noneconomic damages as a result of Naya's death".
"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".
She quickly helped him back onto the boat before raising her arm in the air and calling for help.
The boy heard Rivera cry for help as she struggled to get back to the boat before she disappeared, the suit said. The Ventura County Sheriff's Office said Rivera's body was most likely trapped in thick vegetation underwater for several days before floating to the top.
The coroner's death certificate declared the 33-year-old actress died by accidental drowning.
The man who rented her the boat however had claimed Rivera had declined a life vest, but he put one aboard anyway, according to investigators. The lawsuit calls out the defendants' "subsequent attempts to discredit Naya in the media and distract from their own negligence".