KEVIN O'LEARY ACCUSED BY FAMILY OF CRASH VICTIM ... Of Driving Impaired

EXCLUSIVE

TMZ/Getty Composite

Kevin O'Learyinsists his wife,Linda, was driving their boat when it slammed into another vessel on a Canadian lake, killing 2 people, but the family of one of the victims that is suing O'Leary isn't conceding Kevin wasn't behind the wheel.

TMZ has obtained a copy of the lawsuit filed by the family ofSusanne Brito, listing Kevin, his wife, Linda, as well as the owner and operator of the boat Susanne was on.

Thelawsuit claimsboth Kevin and Linda were driving the boat, although it never alleges who was behind the wheel at thetime of the crash.

The claims against Kevin and Linda are mirror images. The lawsuit says both Kevin and Linda should have checked the other for driving too fast and that they both had a propensity for driving too fast. The lawsuit says the boat they were driving was deficient ... among other things, it didn't have a proper horn and it was not in good condition.

And, there's this ... the lawsuit claims both Kevin and Linda were incapable of safely operating their boat because their judgment was impaired by alcohol, drugs or fatigue.

The lawsuit goes on to claim both Kevin and Linda had poor vision and were prescribed glasses and they failed to wear them on the night in question.

The suit also says Kevin and Linda were texting and driving.

As we reported, Canadian authorities say Linda was driving and she was charged withoperating the boat carelessly... i.e., going too fast. The other driver was cited for operating his boat at 11:30 at night without navigation lights.

The lawsuit asks for $1 million incompensatory damagesand $1 million in punitive damages. As for punitive damages, the lawsuit says Kevin and Linda "behaved with arrogance, high-handedness and have shown a callous disregard and complete lack of care."

We reached out to the O'Leary's lawyer ... so far, no word back.

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