With the increasing popularity of recreational water activities, Jet Skis and other personal watercraft (PWC) have become common sights on New York's lakes and rivers. While these activities offer excitement and adventure, they also come with inherent risks. Accidents involving Jet Skis can lead to serious injuries or even fatalities. Understanding liability in these cases is crucial for victims seeking compensation and for operators aiming to navigate their legal responsibilities.

The Rise of Personal Watercraft Accidents

Statistics highlight the growing concern surrounding PWC accidents:

• In 2022, the U.S. Coast Guard reported over 4,000 recreational boating accidents, with Jet Skis accounting for approximately 20% of these incidents.
• Nearly 75% of all PWC accidents involve collisions with other vessels, often resulting from operator inexperience or negligence.
• The National Transportation Safety Board (NTSB) found that over 80% of Jet Ski accidents result in injuries, emphasizing the need for awareness and caution.

Common Causes of Jet Ski Accidents

Several factors contribute to the frequency of Jet Ski and PWC accidents:

1. Operator Inexperience: Many Jet Ski users are novices who lack proper training. Inexperience can lead to poor decision-making and inability to handle emergencies.
2. Reckless Behavior: High speeds, sharp turns, and stunts are common among thrill-seekers, increasing the likelihood of accidents.
3. Intoxication: Alcohol and drug use significantly impair judgment and reaction times, making it a major factor in many watercraft accidents.
4. Environmental Conditions: Poor weather, rough waters, and heavy traffic on popular waterways can create hazardous conditions for even the most experienced operators.
5. Mechanical Failures: Malfunctions or defects in the watercraft can lead to accidents, making it important to ensure regular maintenance and adherence to safety standards.

Understanding Liability in Jet Ski Accidents

Determining liability in Jet Ski accidents involves multiple factors, including operator behavior, equipment condition, and adherence to safety regulations. Here are the key aspects to consider:

Operator Negligence

Operator negligence is a primary cause of many PWC accidents. Examples of negligent behavior include:

• Speeding or reckless driving
• Operating while under the influence of drugs or alcohol
• Failing to follow navigation rules
• Inadequate supervision of inexperienced riders

In the cases where negligence can be proven, the operator may be held liable for resulting injuries and damages. Victims can seek compensation for medical, lost wages, pain and suffering, and other related costs.

Product Liability

Manufacturers and retailers can also be held accountable if a defective Jet Ski or PWC contributes to an accident. Common product liability claims include:

• Design defects: Flaws in the design that make the watercraft inherently dangerous
• Manufacturing defects: Errors during the production process that affect the safety of the PWC
• Failure to warn: Inadequate instructions or warnings about potential risks and proper usage

If a defect is found to be the cause of an accident, victims may pursue a product liability claim against the manufacturer or retailer.

Rental Companies

Jet Ski rental companies have a responsibility to ensure their equipment is safe and their customers are properly educated on its use. Liability may arise if:

• The equipment is not properly maintained
• Safety instructions and training are insufficient or not provided
• Rental agreements fail to include necessary safety provisions

Victims injured while using rented PWCs can potentially hold the rental company liable if negligence or failure to meet safety obligations is proven.

Steps to Take After a Jet Ski Accident

If you are involved in a Jet Ski accident, taking the following steps can help protect your rights and support any potential legal claims:

1. Seek Medical Attention: Prioritize health and safety by seeking immediate medical care for any injuries.
2. Report the Accident: Notify the relevant authorities, such as the local police or Coast Guard, and file an official report.
3. Gather Evidence: Gather evidence from the scene, such as taking photos, getting statements from witnesses, and collecting contact information from everyone involved.
4. Document Expenses: Keep detailed records of medical treatments, repair costs, and any other related expenses
5. Consult a Lawyer: Get legal advice from an experienced attorney who specializes in personal injury to explore your options for compensation.

Preventing Jet Ski Accidents

Prevention is key to reducing the number of Jet Ski accidents. Operators can take the following precautions:

• Complete Safety Training: Enroll in courses offered by the U.S. Coast Guard or local organizations to learn safe PWC operation.
• Wear Safety Gear: Always wear a life jacket and other protective gear.
• Follow Navigation Rules: Adhere to all boating laws and regulations.
• Avoid Alcohol: Never operate a PWC under the influence of alcohol or drugs.
• Maintain Equipment: Regularly inspect and maintain your Jet Ski to make sure it is in good working condition.

Jet Ski and PWC accidents can have devastating consequences, but understanding liability and taking preventive measures can help mitigate risks. By promoting safety and responsible operation, we can enjoy the thrill of Jet Skis while minimizing the potential for accidents.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.