Jet Ski and Boat Rental Accidents: Who Is Responsible?

A rental counter at a lake marina on a summer Saturday is a busy place. A line of customers, most of whom have never driven a boat. Staff trying to get them on the water quickly. A video, a waiver, a short talk at the dock, and off they go.

When one of those renters runs into a swimmer, another boat, or a dock, the case usually turns on what happened at that counter.

What a careful rental operation does

There is no single national rulebook for rentals, and state laws differ. But a prudent operation tends to cover the same ground.

Screens the renter. Age, any required boater education card, and honest questions about experience. Some states set minimum ages and education requirements for operators, and some apply them to rentals specifically.

Briefs the renter properly. How to start, stop, and steer the craft. Basic rules of the road. Where not to go. How to handle wakes and other boats. What to do if the engine dies. For personal watercraft, how steering works and why letting off the throttle in a panic can make things worse.

Checks understanding. A briefing that nobody confirms was understood is just noise. Some operators take renters out for a short on-water check before letting them go.

Sets and watches boundaries. Defined operating areas, no-wake zones, distance from swim areas. Staff who watch the fleet and call people back.

Maintains the fleet. Kill switch lanyards that work, steering that responds, throttles that do not stick, life jackets that fit.

Refuses when it should. An intoxicated renter, a group clearly planning to overload a boat, or weather that is turning. Turning business away is part of the job.

Where it usually goes wrong

The pattern I see most is speed over care. The briefing is shortened on busy days. The boundaries exist on a laminated map but nobody watches them. A young renter takes the controls after an adult signed the paperwork. A boat goes out with a known issue because every unit is booked.

What to collect

• The rental agreement, waiver, and any checklist or sign-off
• Briefing materials and video, and testimony on how the briefing was actually given that day
• The company's written procedures and staff training records
• Maintenance logs for the specific boat or jet ski
• Records of prior incidents involving the business
• Photos, video, and phone data from the day
• The state boating accident report

The operator still has duties

None of this takes responsibility off the person driving. A renter must still keep a lookout, go at a safe speed, and follow the rules. Most rental cases involve fault on more than one side, and a fair analysis looks at both the business and the driver.

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About the author

Captain Mitchell S. Stoller is a Master Mariner Unlimited, former Exxon tanker master, and former Los Angeles Harbor pilot. About Captain Stoller