Jet Ski Accident Lawsuit

Jet Ski lawsuits usually occur when a person or property has been involved in a Jet Ski accident and the injuries or damages are substantial enough to warrant compensation. In cases of Jet Ski accidents, it can be difficult to prove liability, especially if there are no reliable eyewitnesses.

There are several possible outcomes for liability in the event of a Jet Ski accident. Since most accidents typically occur as a result of driver error, operator liability is the most common type of liability pursued in litigation. Product liability in which an accident occurred as a result of the negligence of a company can be much more difficult to prove.

Operator Liability

The most commonly upheld determination of liability in a Jet Ski accident is operator error. Typically, operator error occurs as a result of driver inexperience, intoxication, reckless driving, or a miscalculation on the part of the driver. Operator liability will usually be upheld if it can be demonstrated that the driver acted recklessly or did not take the proper precautions to avoid an accident. In order to prove this, a litigation team may utilize eyewitnesses, testimonies, and video footage to establish operator liability.

Product Liability

If it can be shown that a Jet Ski accident occurred as a direct result of a malfunction of the Jet Ski, product liability may be upheld. This would place blame on either the manufacturer of the Jet Ski or the rental company of the Jet Ski rather than any of the operators.

Recently, Jet Ski companies such as Kawasaki have been taken to court over allegations that their design has flaws that are potentially dangerous to riders. Other companies have recently been accused of failing to adequately warn the riders of the dangers of their products. Product liability can be difficult to prove without a thorough understanding of the laws surrounding Jet Ski accidents.

Jet Ski Rental Company Liability

In some cases, a litigation team may seek to place liability with the company that rents out the Jet Skis. This can be a difficult case to prove because almost all companies demand that riders sign indemnity waivers prior to using the Jet Skis. However, this does not mean that liability can no longer be proven. In some cases, a rental company may have failed to properly maintain their equipment. Cases like these may require the more intricate and specialized knowledge of a Jet Ski attorney and possibly expert witnesses.

In order to obtain the best chances of receiving justice for your Jet Ski injury case, it is imperative to speak with a Jet Ski accident lawyer as soon as possible. He or she will advise you before and during the proceedings and provide you with information regarding the legal implications of your case. A Jet Ski attorney will also be able to help you or your family seek fair and proper compensation.

 

Sources:

Swartz, Joseph A., and Donald A. Caminiti. “Initial Client Interview.” Products Liability Practice Guide. Ed. John F. Vargo. New York, NY (11 Penn Plaza, New York 10001): M. Bender, 1988. Print.

“Boating Accidents.” Safety and Education. Florida Fish and Wildlife Conservation Commission. Web. 11 May 2015.

Rock, Nora. Recreation Services: Law and Risk Management. Toronto: Emond Montgomery Publications, 2009. Print.