Determining Negligence

Jet Ski accident injuries can be devastating. Individuals who sustain Jet Ski accident injuries may be able to file a lawsuit against individuals or companies that were responsible for the injuries. Determining negligence is a key component to collecting information before filing a lawsuit. If you feel that another party was responsible for your Jet Ski injuries, call an experienced Jet Ski attorney as soon as possible. A Jet Ski attorney can help with determining negligence, as well as other critical aspects of a water accident lawsuit.

What Is Negligence?

In law, negligence is defined as carelessness in maintaining a reasonable amount of care that is expected from an individual or entity. In a public or private swimming environment, all involved entities hold a legal duty to provide visitors with a reasonable level of safety and security. Jet Ski manufacturers also hold a level of responsibility in ensuring that each Jet Ski is built safely and properly so as not to cause harm to riders.

Proving Negligence

In order to prove negligence in a Jet Ski accident lawsuit, the plaintiff – or the individual filing the lawsuit – holds the burden of proof. This means that the individual filing the lawsuit is responsible for providing sufficient evidence that the defendant, or the party being sued, acted negligently. Additionally, the plaintiff must prove that the defendant’s negligence caused the injury in question.

In order to prove negligence, the plaintiff must prove the following:

  • The defendant owed a duty to provide the plaintiff with reasonably safe conditions or to behave in a safe and responsible manner at the time of the Jet Ski accident injury.
  • The defendant committed a “breach of duty” by failing to provide the implied reasonably safe conditions for the plaintiff.
  • The plaintiff’s injuries were a direct or indirect result of the defendant’s negligent breach of duty.

Duty of Care

In a situation where a Jet Ski manufacturer is the defendant of a lawsuit, the duty of care is an unspoken legal agreement stating that a Jet Ski manufacturer had a legal responsibility to ensure that the Jet Ski was in a safe and effective operating condition. If another individual is the defendant, duty of care means that the other individual had a legal responsibility to act safely and in a manner expected for “sharing the water.” For example, tailing another Jet Ski or driving drunk may be seen as breaching their duty of care to other Jet Ski drivers.

Possible Responsible Parties

Determining negligence depends on each specific incident. In some cases, more than one entity may be legally responsible for actions or circumstances that contributed to the injury. For example, responsible entities for Jet Ski injuries may include parties such as the owner of the body of water (if it is private), the manufacturer or designer of a defective Jet Ski, or an individual or company who performed faulty repairs on a Jet Ski. The direct cause and nature of the Jet Ski accident will help to determine the responsible party as it pertains to the lawsuit.

 

Sources:

Kozlowski, James C. “‘Life of the community’ determines legal standard for negligence liability.” Parks & Recreation July 1996: 30+. Academic OneFile. Web. 12 May 2015.

“Personal Watercraft Safety.” National Transportation Safety Board. National Transportation Safety Board, 19 May 1998. Web. 12 May 2015. <http://www.ntsb.gov/doclib/reports/1998/SS9801.pdf>.

Plambeck, Joseph. “The case for hiring a lawyer.” New York Times 2 Oct. 2011: 1(L). Academic OneFile. Web. 12 May 2015.