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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.
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What
were the circumstances surrounding the accident?
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Are
there any witnesses to the accident?
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What
was the nature and extent of any injuries?
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Did
the accident involve a commercial rental or a private craft?
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Is
the craft still available and secured for inspection?
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Was
there a video of the accident?
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Did
the accident involve children or minors?
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Was
there proper supervision?
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What
was the operators experience and ability?
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For
inexperienced operators of rental craft, were they given proper
instruction?
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Were
any release of liability signed?
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What
were the weather conditions?
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What
were the water conditions?
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How
many PWC’s were involved?
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Was
the craft in properly working?
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Were
there defects in control functions?
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Were
there any violations of rules, regulations, or laws that caused
the accident?
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Did
the craft comply with all safety standards?
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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?
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If
a rental, were there adverse weather conditions that should have
been considered?
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Was
there proper personal flotation devices?
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Was
there any defect in a component of the craft that caused the
accident?
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Could
the craft have been better designed to prevent injuries?
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Was
a helmet or other safety devices being used?
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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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