Who Is Liable for a Ft Myers Florida Jet Ski or Boating Accident?

Fort Myers, Florida has beautiful weather allowing tourists and locals a lot of time on the water. When fun is on your mind, the last thing you think about is getting injured while jet skiing or boating. However, hundreds of people are injured in these accidents annually.

More Boating and Jet Ski Accident Statistics

Florida has the largest number of boating accidents in the United States. An FWC report shows that Florida continues to lead the way, and 2020 saw the highest number of reportable boating accidents863 total. Out of the 863 accidents, 79 were reported as fatalities and included five missing persons. Additionally, there were 534 injuries reported.

On average, there are 4,000+ boating and jet ski accidents in Florida yearly. The leading cause of death in these accidents is drowning. It doesn’t matter how skilled and experienced you are on the water; sometimes, there are things beyond our control that can lead to accidents.

According to the US Coast Guard Accident Statistics, 40 to 50 people die on jet skis each year, with more than 800 reported injuries related to these accidents. So, this begs the question—who is liable for a Florida jet ski or boating accident?

Leading Cause of Accidents

Most boating and jet ski accidents result from negligence or the inability to follow all the necessary safety precautions when out on the water. Some of the most severe water accidents are caused by mechanical failures, collisions, careless operation, operator inexperience, and being under the influence of alcohol or drugs.

More than 80 percent of boaters failed to take a boating safety course, further adding to their inexperience. Without the proper training, some boat and jet ski operators may be unable to handle an emergency situation properly and most likely don’t have the right safety and first aid equipment readily available.

Jet Ski and Boating Injuries

Accidents while on the water often result in serious injuries. And since you are on the water, reaching you in an emergency can be more difficult. Water accidents are more complicated because emergency services need to be able to locate you, determine how far you are from the land, and see if there are other vessels in the area that can help.

More common injuries from water accidents include traumatic brain injuries, cuts and bruises, amputation, fractures, broken bones, spinal cord injuries, internal injuries, and drowning. More serious injuries can even result in death.

Who Is Liable?

Since most of these accidents are due to the carelessness of another operator, you may be able to receive compensation if you sustained injuries. If someone fails to use due care, they may be held accountable for the accident. If you find that an insurance policy covers the accident, you can first pursue an insurance payout.

The Operator of the Boat or Jet Ski

The boat or jet ski operator may be to blame for the accident; if this is the case, they have a legal obligation to others. To have a case against the boat or jet ski operator, you must prove they had a duty of care to you, they failed to meet their duty of care, their carelessness caused the accident, and the accident caused your injuries and other losses.

Rental Business

Another entity that may be liable for this kind of accident is the boat rental or business. They have the duty of ensuring that their equipment is safe to use. This means they must do regular maintenance. If this is not done and the jet ski or boat is found to be hazardous and caused the accident, the company may be held liable.

These accidents can prove complicated, so it is important to consult with an experienced personal injury attorney who understands how boating and jet ski claims work.