Jet Ski Accident Attorneys in Miami, Florida
Advocacy for jet ski and personal watercraft accidents throughout Florida
Jet Skis are incredibly popular in Florida. They also offer several opportunities for serious or even fatal injury. When jet ski accidents are the result of someone else’s negligence, be that of a rental company, manufacturer, or others on the water, victims may be entitled to seek compensation for all related damages.
Hickey Law Firm is led by John H. (Jack) Hickey, who is Board Certified by The Florida Bar in Admiralty & Maritime Law and Civil Trial Law, and the firm has extensive experience with accidents involving personal watercraft. When a Jet Ski, WaveRunner, or other vessel malfunctions or you sustain an injury due to someone else’s actions, you may be entitled to compensation following an accident. Our Florida attorneys are here to review your case and help you determine the best course forward.
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Table of Contents
- Frequently asked questions about jet ski accidents in Florida
- What are some common causes of Florida jet ski accidents?
- How does alcohol affect liability in a Florida jet ski accident?
- Can a jet ski rental company be liable for an accident?
- Can I sue a jet ski manufacturer for my accident and injuries?
- What damages am I entitled to after a Florida jet ski accident?
- Do you have a jet ski accident lawyer near me?
Frequently asked questions about jet ski accidents in Florida
What is a personal watercraft (PWC)?
PWC stands for personal watercraft and may refer to any number of recreational watercraft on which the rider sits or stands. Unlike boats, PWCs, also known as water scooters, do not have sides and often have room for only one person.
Jet Ski, manufactured by Kawasaki, was one of the first personal watercraft to become trademarked and has since commonly been used to refer to all types of PWC, but there are actually several names for these vessels, including Sea-Doo, WaveRunner, AquaTrax, and Sealion. Companies involved in manufacturing PWCs include Honda, Yamaha, Polaris, and Arctic Cat.
How common are jet ski accidents in Florida?
Jet Ski accidents are quite common in Florida, with both novice and experienced riders, but particularly with those new to the experience. In the state of Florida, rental companies are required by statute to provide safety instruction to riders, even when riders will be part of a tour. Sadly, these specific regulations are not always followed.
Research conducted by the Florida Fish and Wildlife Conservation Commission found that Miami-Dade County had the highest number of PWC accidents in 2021, with the Florida Keys coming in a close second. Both of these are popular tourist destinations, but tourists are not the only victims of PWC injuries. Many experienced riders fall victim to injury as well – often in accidents that could have been avoided.
The injury attorneys at Hickey Law Firm can help determine the cause of your accident and who should be held responsible.
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What are some common causes of Florida jet ski accidents?
Common causes of Jet Ski accidents in Florida include:
- Poor or inadequate training and instruction by the rental company or by the tour company. Florida statutes and administrative rules require the minimum of instruction and training for businesses which rent out jet skis or which conduct tours. These minimum requirements are to thoroughly instruct and train its riders on:
- Speed of the jet ski. These vessels accelerate fast and go fast at their top end speeds.
- No brakes on a jet ski. This is unlike anything on land.
- No turning a jet ski without giving it gas. This is also unlike anything on land and is counterintuitive.
- Navigational rules for operating the jet ski in waterways and around other vessels. There are rules for example to pass and rules to avoid collisions.
- The rental or tour company in order to actually train the riders has to tell them, show them, and make them actually do it. Then they have to repeat all of those steps. This process cannot be rushed or shortened.
- Inexperienced riders who have not gotten the full and proper instruction and training.
- Speeding usually because the tour company or rental company did not provide the full and proper instruction and training.
- Reckless operation usually because the tour company or rental company did not provide the full and proper instruction and training.
- Drug and alcohol use.
- Equipment failure.
- Collision usually because the tour company or rental company did not provide the full and proper instruction and training.
- Poor maintenance.
When an accident is the result of someone else’s negligence, victims can sue whomever is at fault. Jet Ski accidents on navigable waters fall under maritime law. This specialized area of the law requires an attorney who has sufficient experience for successful navigation.
When you are injured in a jet ski accident, it is a good idea to have a Miami maritime lawyer review your claim. In addition to maritime law, there are specific Florida Statutes that apply to personal watercraft accidents.
What happens if a jet ski crashes into a fixed object?
Not all Jet Ski accidents are between two vessels. Serious crashes often occur when someone hits a stationary object such as a dock, buoy, bridge, rocks, or something else in the water. Some of the most common reasons jet skis crash into objects include the following:
- Excessive Speed: Operating a Jet Ski too fast reduces reaction time and makes it harder to slow or steer when a hazard appears. Usually the tour company or rental company did not provide the full and proper instruction and training of the operation of the jet ski, the stopping of the jet ski, the turning of the jet ski, or the navigational rules on avoiding collisions and watching out for other vessels and objects.
- Inexperienced Operation: Many crashes occur because the operator lacks experience handling a personal watercraft, especially when facing obstacles or reacting to emergencies. Usually the tour company or rental company did not provide the full and proper instruction and training of the operation of the jet ski, the stopping of the jet ski, the turning of the jet ski, or the navigational rules on avoiding collisions and watching out for other vessels and objects.
- Mechanical Failure: Brakes, steering, or throttle components may fail, leading to a total loss of control and an unavoidable collision.
- Poor Visibility: Fog, darkness, sun glare, and choppy waters can obscure fixed objects until it’s too late to avoid an impact.
- Dangerous Water Conditions: Strong currents, high waves, debris, or unpredictable tides increase the risk of losing control or not seeing supports, rocks, or man-made objects.
- Rental Companies Failing to Provide Adequate Safety Instruction and Training: Some rental outfits rush through basic training or overlook important safety procedures, leaving renters unprepared for dangers in the water.
- Intoxication: Even though most people fully understand how dangerous it is to operate any type of vehicle while intoxicated, people still sometimes operate jet skis after drinking or using other mind-altering substances. This can reduce a person’s ability to drive safely and could lead them to run into a fixed object.
Collisions with fixed objects are extremely dangerous. They often throw riders from the jet ski at high speed, leading to severe jet ski crash injuries, like traumatic brain injuries, spinal cord injuries, broken bones, internal damage, or drowning.
Who is liable for my jet ski or PWC accident in Florida?
There may be several parties responsible for an accident involving PWC. These include the rider, boaters, swimmers, others in the water, a Jet Ski manufacturer, equipment provider, rental company, or mechanic. The best way to determine who is liable for your accident is with the help of an experienced Florida jet ski accident attorney. It is important to remember that, in the state of Florida, the owner of the vessel that caused the crash may file a Limitation of Liability Act (LOLA) case in Federal Court under Title 46 of the United States Code. Under the LOLA, the owner of a vessel can file an action to offer the court the value of the vessel.
If a vessel owner is successful in a LOLA action, their liability is limited to the value of the vessel. With a PWC, that value may be practically nothing compared to the actual value of your injury claim. There are, however, exceptions to the limitation of liability under this statute, especially in cases involving the owner’s privity or knowledge of the negligence. Once again, it is best to have an experienced PWC attorney on your side in these cases to help ensure negligence is properly identified so our Miami attorneys can take the right steps to secure maximum compensation.
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How does alcohol affect liability in a Florida jet ski accident?
If you were injured in a Jet Ski accident in Florida, alcohol, whether used by yourself, another rider, or a boater, can play a major role in liability. Florida law takes boating under the influence very seriously. Operating a jet ski while impaired by alcohol or drugs is illegal and is essentially the same as driving a motor vehicle under the influence; when a person’s blood alcohol content (BAC) is 0.08 or higher, they are considered presumptively impaired.
When the at-fault operator was drinking
If the person driving a jet ski who hit you or caused the accident was under the influence, this is strong evidence of negligent or reckless operation. An impaired operator is less likely to respond to emergencies, obey boating rules, or keep a proper lookout. This can make them, and in some cases, whoever owned or rented out the watercraft, liable for injuries and damages. Your personal injury attorney can use evidence of the operator’s impairment to support your claim for medical costs, lost wages, pain and suffering, and other damages.
Liability when both parties were drinking
If your injuries happened while you were under the influence, the insurance company or defense might argue that your use of alcohol contributed to the accident or the severity of your injuries. Under Florida’s comparative negligence laws, as well as the rules under maritime law, being impaired does not automatically mean you can’t recover damages if another party was negligent. In this case, you should speak with a personal injury attorney immediately.
Third parties and liability
Alcohol doesn’t just affect riders and operators. If a rental company, supervisor, or tour guide knew or should have known that someone was intoxicated and still allowed them access to a jet ski, there may be an additional layer of liability for negligent renting or supervision.
Can a jet ski rental company be liable for an accident?
Yes, under Florida law, jet ski rental companies can be held legally responsible for accidents and injuries if they fail to meet certain safety requirements or act carelessly. These companies owe renters a duty to follow specific laws and industry best practices because the risks of operator error, dangerous conditions, and high-speed crashes are significant. A rental company may be liable for your injuries in a jet ski rental accident where:
- They fail to provide the required safety instructions
- They rent to inexperienced or unqualified operators
- Guided tour companies provide inadequate supervision
- Maintenance or inspection is poor
- They use or provide defective or dangerous equipment
- They neglect to provide legally required safety gear
- They allow intoxicated people to rent or use the equipment
Many people are surprised to learn that, depending on the facts, responsibility isn’t only on the rider. Liability in these cases can become complex, especially if several parties contributed to the accident that led to injury or loss. Speak with a jet ski accident lawyer in Florida as soon as you can after an accident.
Can I sue a jet ski manufacturer for my accident and injuries?
In cases where a vessel was faulty, poorly designed, or improperly manufactured, the company that designed and built a PWC may be found liable for damages. This typically requires an independent investigation, and the legal team at Hickey Law Firm is prepared to do so on your behalf.
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What damages am I entitled to after a Florida jet ski accident?
Human damages in the past, from the date of the crash to now, and in the future, from now through the end of your life expectancy. These human damages include:
- Pain
- Suffering
- Mental anguish
- Loss of enjoyment of life
- Physical impairment and disability
- Scarring
- Disfigurement
Economic damages in the past and in the future. These economic damages include:
- Medical expenses
- Loss of compensation for work
- Loss of earning capacity
- Household expenses increased because of the injuries like alterations to the house
Do you have a jet ski accident lawyer near me?
Hickey Law Firm is located at 12150 SW 128th Ct, Suite 225, in Miami, right off the Ronald Reagan Turnpike, close to the Miami Executive Airport. We serve the seriously injured in Miami, throughout Florida, and nationwide. If you are too injured to travel, we can come to you. We can also schedule a phone or video conference.
Florida jet ski accident attorneys dedicated to protecting your rights
After a PWC or Jet Ski accident, Hickey Law Firm is here to help. Having a Miami attorney on your side helps ensure a full investigation into the cause of your accident and injuries. This is essential for establishing liability and determining the worth of your claim. Without a lawyer on your side, you may settle for much less than you are due, a decision that may have far-reaching consequences.
To schedule a meeting with an experienced member of our team, call 305-371-8000 or fill out our contact form today. Initial consultations are free, and every case is taken on a contingency basis.