Personal Injury Type -  Jet Skis

Personal watercrafts are a type of recreational boat that has become increasingly popular in recent years. They account for more than one-third of new recreational boat sales in the U.S., and comprise about a million of the 12 million recreational boats in this country. A study conducted by the National Transportation Safety Board has determined that Personal Watercraft (PWC) such as "Jet Skis," "Sea-Doos," or "Waverunners," can be dangerous without proper operator training and experience. The Board recommended better operator training and education along with design changes to reduce the number of accidents and injuries.

The Safety Board initiated a study to more closely examine fatalities, injuries and accidents. This study follows the Board’s 1993 recreational boating safety study. At the time the 1993 study was conducted, there were 26 PWC fatalities a year and the Board believed that a separate study was not warranted. Since that study, the number of fatal accidents has more than tripled. In addition to this increase, the Safety Board noted that PWC are different from other recreational boats because the leading cause of death is not drowning but blunt force trauma. Collisions between two PWC are the most frequent type of accident. Head, neck and facial injuries were suffered by one of every four persons involved in the PWC accidents examined in the study. The study was intended to identify the major issues involved in PWC accidents, not to estimate accident rates. The Safety Board noted that operators of rented PWC had less experience than operators of privately-owned personal watercraft. This lack of experience is important because PWC have unique operating characteristics, such as the loss of control during off-throttle steering. The Board concluded that some of the operator control problems may be attributed to the operating design of PWC.

Studies such as this make recommendations to the manufacturers of personal watercraft, the U.S. Coast Guard, the U. S. Coast Guard Auxiliary, the National Association of State Boating Law Administrators, the PWC Industry Association and the States and Territories. Importantly, individuals injured as the result of such accidents may have valid legal claims against those causing their injuries. For example, a product liability case may be justified if the watercraft was improperly designed. In those cases involving rentals, claims may be made if the crafts were not properly maintained and causes an injury.

If you believe you, love one, or friend have been injured due a jet ski, you may have a valid injury claim and entitled to compensation. Legal claims involving water craft may involve complex legal, medical and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

  • What were the circumstances surrounding the accident?  

  • Are there any witnesses to the accident?

  • What was the nature and extent of any injuries?

  • Did the accident involve a commercial rental or a private craft?

  • Is the craft still available and secured for inspection?

  • Was there a video of the accident?

  • Did the accident involve children or minors?

  • Was there proper supervision?

  • What was the operators experience and ability?

  • For inexperienced operators of rental craft, were they given proper instruction?

  • Were any release of liability signed?

  • What were the weather conditions?

  • What were the water conditions?

  • How many PWC’s were involved?

  • Was the craft in properly working?

  • Were there defects in control functions?

  • Were there any violations of rules, regulations, or laws that caused the accident?

  • Did the craft comply with all safety standards?

  • In the case of rentals, were there violations of recreational boating laws to require rental businesses to provide safety instruction training to all persons who operate rented PWC?

  • If a rental, were there adverse weather conditions that should have been considered?

  • Was there proper personal flotation devices?

  • Was there any defect in a component of the craft that caused the accident?

  • Could the craft have been better designed to prevent injuries?

  • Was a helmet or other safety devices being used?

  • Was alcohol involved?

It is important that an experienced legal team evaluate a jet ski claim. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved one are injured from a jet ski, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.

   

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