Jet ski accidents refer to an incident that occurs while operating a personal recreational watercraft known as a jet ski. Jet ski accidents are generally similar in nature to other small vehicles, such as a motorcycle. Due to their small size, jet skis are generally more maneuverable than boats and can often travel at higher speeds.
Examples of common types of jet ski accidents can include:
- Collisions and accidents involving boats, jet skis, or other watercraft;
- Collisions with rocks, piers, or other stationary objects;
- Collisions with individuals present in the water;
- Accidents related to a failure or defect of the jet ski.
Because of the exposure of the operator of the jet ski and the speeds that jet skis can reach, jet ski injuries are often serious and often result in injuries to the spine, head, neck, back, and other areas of the body. Further, similar to other types of boating accidents, jet ski accidents can also result in drowning accidents.
In terms of product liability claims or a product recall, a defect with the jet ski typically refers to a defective operation or a defect with a jet ski model’s design, which creates safety hazards. This includes flaws that may result in the injury of the jet ski operator or passengers. As such, aesthetic flaws such as a botched paint job or a misplaced decal are not generally the basis for a jet ski defect claim.
Examples of common jet ski defects include, but may not be limited to:
- Faulty brake levers, throttle levers, or handlebar controls;
- Safety equipment defects;
- Fuel, exhaust, and cooling system defects;
- Gas tank leaks that can lead to fires;
- Misaligned steering mechanisms;
- Other structural problems associated with the frame, body, transmission, or engine assembly;
- Electrical and computer problems.
Who Can Be Held Liable for a Jet Ski Accident?
As far as who may be held liable for a jet ski accident, that will be dependent on the exact facts and circumstances surrounding the jet ski accident. In some cases, the driver of a jet ski can be held liable if they were negligent or reckless in their operation of the jet ski.
For example, if the jet ski operator disregards proper boating and water safety laws in operating their jet ski, such as by excessively speeding near an area designated for swimming and then colliding with a swimmer, they could be held liable for the swimmer’s injuries that resulted from their recklessness.
In other cases, the manufacturer of a jet ski model can be held liable if an accident resulted from a defect with the jet ski. For instance, if there is a defect with a jet ski model’s design that made it prone to an engine malfunction, the manufacturer could be held liable for accidents that resulted in the engine malfunction.
It is important to note that in order to hold a manufacturer liable for injuries or losses related to a jet ski defect, the following elements must be proven:
- The jet ski had an “unreasonably dangerous defect” which caused an injury or loss;
- The jet ski was being properly used according to how it was intended to be used; and
- The jet ski operator did not substantially alter the motorcycle from the condition in which it was originally sold.
- “Substantially altered” refers to the specific way that the watercraft is supposed to perform and does not refer to maintenance and repairs.
Lastly, jet skis are also often available for rent. As such, jet ski rental companies or agencies may sometimes be held liable if they provide renters with jet skis that are defective in some way. Rental companies or agencies are easily held liable in cases in which they provided a jet ski that they knew or should have known could cause an accident, such as a jet ski that was reported as not operating properly.
Examples of factors that might affect liability in a jet ski lawsuit include:
- Whether or not the jet ski operator was under the influence when operating the watercraft;
- Whether the jet ski was modified or altered to make it run faster;
- Whether the accident occurred in a jet ski race or competition;
- The location in which the accident occurred, such as the accident occurring in a location where watercraft operations are restricted;
- State and local laws regarding the operation of jet skis.
What Is the Statute of Limitations for Filing a Jet Ski Accident Lawsuit?
Statute of limitations is the legal term that is used to describe certain state statutes that specify the amount of time a plaintiff has to file a personal injury lawsuit. The goal of statutes of limitations is to place a limit on the plaintiff by establishing a deadline for filing their civil lawsuit.
As such, if a plaintiff fails to bring their jet ski accident within their state’s statute of limitations for personal injury lawsuits, they will be barred from bringing their case. It is important to note that the injury laws regarding statutes of limitations will vary from state to state. However, in general, a plaintiff bringing a personal injury lawsuit must bring their lawsuit within two years from the date that the incident occurred.
What Are the Legal Remedies in a Jet Ski Accident Lawsuit?
Once again, any person injured by a jet ski is allowed to file a lawsuit against the party responsible for their damages in order to recover the damages that they suffered. Examples of common damages that may be available in a jet ski accident case include:
- Medical Expenses: A person harmed in a jet ski accident (i.e., a plaintiff) may be able to recover damages related to their hospital and medical bills, including surgery, hospital stays, physical therapy, and other related expenses;
- Future Medical Expenses: Plaintiffs may also seek to recover the costs associated with their future medical treatment and expenses;
- Lost Wages: If a plaintiff was unable to work or had to miss work due to their injuries, they may be able to recover the wages they lost as a result of their injuries;
- Property Damage: One of the main forms of damage in a defect or collision case is the loss of the ability and function of the jet ski. As such, the plaintiff may claim that they are owed the current worth and replacement value of the jet ski in their damage claim;
- Punitive Damages: In cases in which there was a failure to warn by the manufacturer, or there is evidence that their conduct rose to be a willful and wanton disregard for jet ski operators’ safety, punitive damages may also be issued by the court to punish the manufacturer;
- Pain and Suffering: Plaintiffs may also be entitled to damages for the physical pain and emotional suffering that they have experienced as a result of their injuries; and/or
- Wrongful Death: In rare cases in which a defective product or a reckless act resulted in the death of the operator, the estate of the operator may bring a wrongful death suit against the manufacturer.
- In a wrongful death lawsuit, the survivors of the jet ski operator may recover damages to compensate them for funeral and burial expenses, loss of consortium, past medical expenses, pain and suffering, and punitive damages.
Finally, if multiple jet ski owners were affected by the defective product, then the individuals may seek to form or join a class action suit.
Do I Need a Lawyer for Help with a Jet Ski Accident Lawsuit?
If you have been injured as a result of a jet ski accident, it is in your best interests to consult with an experienced personal injury lawyer. An experienced jet ski accident attorney will be best suited to help you understand your state’s specific laws regarding product liability, personal injury laws, and damages awards.
An attorney can also discuss your legal options with you to provide you with the most relevant legal advice. Additionally, an experienced attorney will also be able to inform you of any class action lawsuits that you can join. Finally, an attorney will be able to help you initiate a private civil lawsuit and represent you in court as needed.
