Who Is at Fault in a Jet Ski Accident? The Rules Still Apply

I spent my career on ships that weighed more than 100,000 tons. The rules that told me how to pass another tanker in a channel are, in most respects, the same rules that tell a teenager on a rented jet ski how to pass a pontoon boat on a lake. Most recreational operators have never read them. Many rental companies do very little to make up for that.

That gap is where most recreational boating cases come from.

A jet ski is a vessel

For the navigation rules, size does not matter. A personal watercraft, a pontoon boat, and a bass boat are all vessels. On waters where the rules apply, each one has to keep a proper lookout, travel at a safe speed, and follow the rules for meeting, crossing, and overtaking. No one on the water has an absolute right of way. Both operators in a collision have duties, and both can share fault.

State boating laws add their own layer: age limits for operators, boater education requirements, rules about wakes near docks and swimmers, alcohol limits, and in many states a spotter requirement for towing a skier or tuber. These vary a lot from state to state, so the first thing I do in a recreational case is find out which state's rules applied on that water.

Why personal watercraft cases are different

Personal watercraft have a few traits that show up again and again.

• Steering depends on thrust. Many jet skis steer by directing a jet of water. When the rider lets off the throttle in a panic, older models in particular lose much of their ability to turn. Riders who do not know this tend to do exactly the wrong thing in the last few seconds.
• They are fast and low. A jet ski at speed covers a lot of water quickly, and a rider sitting low has a short line of sight, especially in chop or glare.
• They attract inexperienced operators. Rentals, borrowed machines, and young riders are common.
• They are used for play. Wake jumping, tight turns around other boats, and riding in groups close together all raise the risk.

Rental operations

Rental cases put the spotlight on the business. The questions are practical. What did the company tell the renter before handing over the keys? Did anyone check that the renter understood? Was there an orientation on the water or only a video? Were there age and experience checks, and were they followed? Did the company set boundaries and watch them? What did the rental agreement say, and was it honored in practice?

A rental company that hands a fast machine to a first-timer with a two-minute talk is making a choice, and the records usually show what that choice was.

Pontoons, houseboats, and crowded coves

Pontoon boats and houseboats carry a lot of people and handle poorly in wind. Many of the injuries I see on them happen at slow speed: swimmers near the stern, passengers falling while the boat maneuvers, people struck by the boat or the propeller in crowded swim areas. These cases often turn on what the operator could see from the helm, whether he knew where everyone was, and whether the engine should have been running at all.

Which law applies

Two Supreme Court cases come up often in recreational boating. In Foremost Insurance Co. v. Richardson (1982), the Court held that admiralty jurisdiction can reach a collision between two pleasure boats on navigable waters. In Yamaha Motor Corp. v. Calhoun (1996), which arose from the death of a young girl on a rented jet ski, the Court held that state wrongful death remedies could apply alongside federal maritime law for a non-seafarer killed in state territorial waters.

Whether a particular lake or river counts as navigable for admiralty purposes is a legal question, and it is not always obvious. Counsel should settle it early, because it affects which rules and remedies apply.

What to preserve right away

• Photos and video from phones, docks, and other boats
• The rental agreement, the briefing materials, and any sign-off sheets
• GPS data from phones or the machine itself, if it has a system that records it
• The state boating accident report and any law enforcement report
• Names of everyone on nearby boats
• Weather and visibility for the time of the accident

The bottom line

The size of the boat changes the forces involved. It does not change the basic duties. Keep a lookout, go at a speed you can stop or turn from, know the rules, and if you are renting boats to strangers, make sure they know them too.

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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