Who Is Liable After a Jet Ski Accident?

Understanding Liability After a Jet Ski Accident

Jet Skis and other personal watercraft can accelerate quickly, make sharp turns, and travel through areas shared by boats, swimmers, kayaks, and other watercraft. Although a Jet Ski's speed and maneuverability can make it exciting to operate, it can also leave riders with little time to react when something goes wrong.

Jet Ski accidents may involve collisions with boats, docks, swimmers, fixed objects, or other Jet Skis. Riders may also be thrown into the water during a sudden turn, struck by another vessel, or injured when a defective component causes the watercraft to lose power or control.

Determining liability requires looking at what caused the accident and who had the ability to prevent it. Depending on the circumstances, more than one person or company may share responsibility.

The Jet Ski Operator

The operator is typically one of the first people to be investigated after a Jet Ski accident. Like other vessel operators, someone riding a Jet Ski must maintain a proper lookout, travel at a safe speed, assess the risk of a collision, and take reasonable action to avoid an accident. These responsibilities apply broadly to vessels operating on the water, including personal watercraft. An operator may be responsible for an accident caused by:

• Traveling too fast for the conditions
• Following another vessel too closely
• Making a sharp or unexpected turn
• Failing to yield when required
• Ignoring navigation markers or no-wake zones
• Operating too close to swimmers, docks, or other vessels
• Becoming distracted by passengers or surroundings
• Operating while under the influence
• Allowing an unqualified passenger to take control

A Jet Ski does not handle exactly like a car or traditional boat. Rather, most Jet Skis depend on engine power to steer effectively. An inexperienced rider may release the throttle when approaching danger and then discover that the watercraft is more difficult to turn. Operators are responsible for understanding how the machine works before riding at speed.

The Jet Ski Owner

The person who owns the Jet Ski may also be liable for a Jet Ski accident. An owner is not necessarily responsible for every accident, but liability may arise when the owner’s own actions contributed to the injury.

For example, an owner may have allowed someone who was visibly intoxicated, underage, inexperienced, or otherwise unqualified to operate the Jet Ski. The owner may also have known about a damaged throttle, broken steering system, missing safety lanyard, or another dangerous condition but allowed the watercraft to be used anyway.

Ownership rules and requirements for personal watercraft vary by state. Some states impose specific age, training, supervision, life jacket, or safety-lanyard requirements, making the location of the accident an important part of the investigation.

A Jet Ski Rental Company

Many riders operate Jet Skis rented from a marina, resort, tour company, or beachside rental business. A rental company may be responsible when its own negligence contributes to an accident. Potential rental-company failures may include:

• Providing a poorly maintained watercraft
• Failing to repair known mechanical problems
• Offering incomplete operating instructions
• Failing to explain required safety equipment
• Renting to someone who does not meet legal requirements
• Allowing too many people or too much weight on the watercraft
• Failing to provide life jackets
• Sending riders into dangerous weather or water conditions

Rental-company duties vary depending on state law and the circumstances. Some states specifically require rental operators to explain or demonstrate the safe operation of personal watercraft before allowing a customer to ride.

A signed rental waiver does not necessarily resolve whether the company can be held responsible. The wording of the agreement, applicable law, and the company’s conduct must all be reviewed.

Another Boat or Personal Watercraft Operator

A Jet Ski rider may be injured even when they did nothing wrong. The operator of another boat or personal watercraft may have caused the accident by speeding, failing to keep a lookout, making an unsafe turn, or violating navigation rules.

The Coast Guard’s recreational boating data regularly identifies operator inattention, improper lookout, inexperience, excessive speed, and navigation-rule violations among the leading contributing factors in reported accidents. Personal watercraft also account for hundreds of reported casualties in a typical year.

When two moving vessels collide, investigators may review the actions of both operators. One person may be primarily responsible, or fault may be shared.

A Manufacturer or Maintenance Company

Some Jet Ski accidents result from more than operator error. Jet Skis can have steering problems, stuck throttles, defective fuel systems, faulty engine components, or damaged safety devices that cause a rider to lose control.

A manufacturer, distributor, repair shop, or maintenance company may be responsible if a defective product or careless repair contributed to the accident. Federal safety compliance does not necessarily eliminate potential liability under applicable state or common law.

Maintenance records, service history, recall information, damaged components, and expert inspection findings may help determine whether the watercraft failed before the crash.

Passenger Actions and Shared Fault

A passenger’s actions can also affect a Jet Ski claim. For example, a passenger may suddenly shift their weight, interfere with the operator, grab the controls, or encourage reckless riding. In other cases, the injured rider may be accused of contributing to the accident by ignoring instructions or failing to use required safety equipment.

Shared fault does not always prevent an injured person from recovering compensation. However, the effect of partial responsibility depends on the law that applies to the accident. An attorney can examine each person’s actions and determine how fault rules may affect the claim.

Evidence That Can Help Establish Responsibility

Jet Skis may be repaired, returned to service, or rented to another customer soon after an accident. Preserving evidence quickly can make it easier to understand what happened. Helpful evidence may include:

• Photographs and videos of the accident scene
• Images of the Jet Ski and visible damage
• Names and contact information for witnesses
• Rental agreements and safety instructions
• Maintenance and inspection records
• GPS or other electronic data
• Weather and water conditions
• Police, Coast Guard, or boating-agency reports
• Medical records and photographs of injuries
• Communications with the owner or rental company

Federal law requires certain recreational boating accidents involving death, disappearance, significant injury, or qualifying property damage to be reported to the appropriate state authority.

Compensation After a Jet Ski Accident

A person injured in a Jet Ski accident may be able to seek compensation for medical expenses, lost wages, reduced earning ability, pain and suffering, disability, scarring, and future care needs.

The amount and types of compensation available depend on the injuries, applicable law, insurance coverage, and circumstances of the accident. Fatal incidents may also give eligible surviving family members or the victim’s estate grounds to pursue a wrongful death claim.

Morgan & Morgan May Be Able to Help

Jet Ski accidents can cause traumatic brain injuries, spinal cord damage, broken bones, deep cuts, drowning, and other life-changing injuries. When several riders, vessel owners, rental businesses, or insurance companies are involved, identifying who is responsible can be difficult.

Morgan & Morgan’s maritime accident attorneys can investigate the accident, preserve evidence, review rental and maintenance records, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee Is Free™ promise, you pay nothing unless we win your case.