Signed a Jet Ski Rental Waiver? What Still Matters After an Accident

Why doesn't the waiver end the story?

A waiver is a contract, and courts look closely at contracts that try to excuse a business from responsibility for injuries. They ask whether the language was clear, whether the customer had a real chance to read it, and whether it covers what actually happened. Many courts also refuse to enforce a waiver against conduct that goes well beyond ordinary carelessness. Whether federal maritime law or state law governs the rental can change the answer. These are legal questions for your attorney.

What a maritime expert can help with is the other half: what the rental company did, and how that compares with what a careful operator does.

What is a rental company expected to do?

The practices a careful rental operation follows include:

• Screening. Checking age, any required boater education card, and experience, and refusing customers who are impaired.
• Briefing. Showing the renter how to start, stop, and steer, explaining off-throttle steering, the boundaries, and the basic rules of the road. Confirming the renter understood.
• Equipment. Machines that steer and throttle properly, working kill switch lanyards, and life jackets that fit.
• Boundaries and supervision. A defined riding area, staff watching the fleet, and a way to call renters back.
• Weather and conditions. Not sending renters out into wind, chop, or crowds they cannot handle.

What failures show up most often?

The briefing gets shortened on busy days. A video replaces a real orientation. The person who signed the paperwork is not the person who drives. A machine with a known steering or throttle problem goes out because every unit is booked. Nobody watches the boundary. These are the facts that matter even when a waiver is in the file. Many rental operators do this well, and when they do, their records show it.

What about waivers signed for children?

Many rentals ask a parent to sign for a minor. Whether a parent can waive a child's injury claim varies by state. Ask your attorney.

What should you keep?

• The rental agreement and waiver, or a photo of them
• Any briefing card, map, or video link the company gave you
• Receipts and the time you went out and came back
• Photos and video of the machine, the scene, and the injuries
• Names of the staff who briefed you and anyone who saw the accident

Questions to ask your attorney

• Does maritime law or state law govern my rental, and how does that affect the waiver?
• Does the waiver cover what happened to me?
• Did the company follow its own procedures and the state's rental rules?
• If my child was hurt, does my signature affect my child's claim?

Related

• Jet Ski and Boat Rental Accidents: Who Is Responsible?

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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