Boating Accident

guys this thread was started a day or two ago... i'm sure she gets the message about getting an attorney, it doens't happen overnight though... you all sound like a bunch of parrots :-)

over half the posts in this thread have been about whether this story is real or not... what a waste of time...
 
quote:

Originally posted by PascalG

guys this thread was started a day or two ago... i'm sure she gets the message about getting an attorney, it doens't happen overnight though... you all sound like a bunch of parrots :-)

over half the posts in this thread have been about whether this story is real or not... what a waste of time...






The other half of the posts are about what a waste of time it is determining whether the story is true or not! [:-smile_green]
 
Sheesh, so her first post didn't contain all the information everyone needed or wanted, but I don't think I've seen someone lambasted on here as badly as she has been since blounderback.

I think the winter weather and cabin fever are starting to get to a few of you.

BeachChick, this is usually a great place. Hang in there. People get cranky when they can't use their boats.

What happened and is happening to you, your friends and their son is terrible. There will be no winners in this. It was a lapse in judgement on everyone's part, but as you state, the boy was legal age to ride here in AZ.

On any given day on the water there are calculated risks and judgement calls that we all take. Some good, some bad. I have made poor decisions on the water that fortunately for me did not result in a loss of any kind. And I know many of you have done the same thing. But we learn from them and build on our knowledge database so we don't repeat them.

This was a series of bad decisions that appear crystal clear to everyone the day after. Scenarios like this happen every weekend on the lakes in AZ, it's just that this one didn't turn out the way everyone planned.

Get a lawyer.
 
Yes, I remember "blouderback" - I just didn't remember "blounderback"
 
Beachchick,
You either don't understand the gravity of the situation you are in or you are playing a very bad joke. Either way, you need to stop posting on this topic until you get a final resolution. If you retain an attorney, the first advice you will receive is to stop making public statements about the accident. They will come back to haunt you.

Brett
 
I keep waiting for someone to walk out of the crowd like one of those murder mysteries you go to a dinner theater for...

Chick, these people must be great friends, to be paying all these medical bills they must be getting hit with. I sure hope they don’t turn on you in the future and sue you for all you have.

If it was me, I would remove myself from trying to get information off a public board and hire my OWN lawyer. You have a very nasty case here and sharing an attorney with someone who could possibly sue you in the future and probably win is not a very smart thing to do.

I’m sure there is an attorney out there somewhere that would be more than glad to represent you and sue the owner of the boat for damages as well as medical expenses to the boy, pain and suffering for the parents and what ever else he can come up with. I am surprised they are not tearing your doors down as we speak..
 
Beachchic: We are not looking for you to defend yourself. We are just looking for accurate answers to questions to help guide you. You found yourself on the defense because these questions have been asked multipul times without answers given by you. A> Such as TIME & PLACE this event happened. B> BOC of the boat driver which should be available now

I would not consider us a CLIQUE group. Just a large group of experienced boater's that are used to being DIRECT with each other in a QUESTION & ANSWER situation.

Back to the main point of my post that could help you with out risking your interest's. WHEN AND WHERE did this accident take place?
 
quote:

Originally posted by HOGAN

Yes, I remember "blouderback" - I just didn't remember "blounderback"






I'll give you the benefit of the doubt in that you're sincere and you're not simply correcting my spelling.
 
Beach ... you have been given the best infomation possible ... GET YOUR OWN LAWYER!!!!

This childs family, at some point will come after you, no matter how good friends they are, probably sometime in early Sept. 2008.
 
This has gone on (painfully) long enough.

BeachChick...the best advice you're going to get all day is right here, right now. THIS TOPIC IS
BETTER SUITED FOR WHOMEVER YOU CHOOSE AS A REPRESENTING ATTORNEY...NOT A PUBLIC FORUM!

This information is public acess and 1) I'm fairly certain, assuming your facts are straight, your insurance company would not appreciate the full disclosure 2)This none of our business 3)The fact that this thread has droned on for 4 pages means everybody has an opinion on the matter...and you're parceling the facts out a "little here, little there". The only thing that matters is that you need to quit yakking about it here and brace for the aftershock of this incident.
 
Beachy, I'm so sorry to be "late to the dance" on joining this thread and yet posting to make it go on well over its time. I scanned the post yesterday, but the amount of back and forth was just too excessive and I didn't want to go read every post. My impression as a bystander was that there is truth on both sides of the "he said"/"she said" issue, but the middle ground was lost when many overplayed their hands. But I digress....

The point I felt was important enough to still post on this well beaten topic was an observation about your relationship with your friend who's child was injured. One the one hand I think its very honorable that collectively you guys have drawn together and come closer together in handling the situation. But, please be very careful. Your friends insurance company has likely been picking up the tab on the medical bills. When you sign up for insurance you agree to the terms of the insurance long before an incident occurs. In doing so, your friends had a contract with the insurance company relieving them of the responsiblity to decide who gets sued, long before the accident occured. See where I'm going with this?

Even though you and them may have an "understanding" on who is really at fault for this accident. Your friends have no control over their own insurance company and whether that company may decide to sue you or not.

You may already know that and expect that, but I just wanted to warn you as clearly as possible. If you are sharing a lawyer, there might still be a conflict of interest where "their" lawyer (thus your lawyer) could not protect you from their insurance company because of the natural conflict of interest.

Just have your eyes wide open on this.

I'll close by saying that without assigning any weight, my personal feelings are that every party in this accident held some portion of the blame. While I don't think your share was the greatest by by far, the was a component to it. Just beware that when somebody in the situation starts going after someone else, before everything is said and done a full accounting of everyone's contribution usually occurs. Even if the drunk guy gets his owed comeuppance, and I hope he does, be prepared that even though your share of the blame may be small in comparison to others, you still might be held accountable to share portion.

I wish you the best outcome possible. Also wish that some day you can see the better side of the RO's here. We have a much more attractive side to us that was shown on this thread.

Brett
 
Well said Brett. I think we should lock it on your closing thoughts.
 
quote:

I need a little advice if anyone is savy to this topic...

Recently we were at the river. We had our friends with us and their 12 year old son who wanted to ride our jet-ski. His parents allowed him to do so and while riding it, he was struck by a boat. The accident report deemed the accident the childs fault, due to inexperience.

Legally, who should be responsible for the damage to the boat? Me, being the registered owner of the vessel, or the boy's parents for them giving permission and ok-ing their son to ride the jet-ski???

I'm personally being sued for the damages to the boat...anyone know???

Thanks!!!





First, you are not being sued (yet).
Second, the question of "who's responsible, for the damage to the boat" is not a simple one. In fact, it's very complicated.

The short answer is your insurance company. But your insurance company is trying to weasel out on this. Don't allow that to happen. Have them show you a clause saying you're not allowed to loan the vessel out. I'm not even saying the insurance company should pay for the boat but they should weed through the process of detrmining who's at fault (i.e. go to court).

If you are on your own w/o an insurance company, you should definitely contact a MARITIME lawyer. He would be knowledgable on the "rules of the road" for boating as well as AZ state law. He will present a case outlining your responsibility.

You asked a very very tough question with very limited information on your first post. Sorry if the responses were not spelled out in black and white but it is far from a black and white answer.

If the boat owner or the child's parents force the issue, you will wind up in court...simple as that. Once you get there, the answers still will not be black and white.

So, four pages later, please appreciate....you're in a jam, if the issue is forced, you will need to defend yourself...don't go it alone, you will get hurt (even more).
 
I just looked at the archives for the Blythe and Lake Havasu, Az. Newspapers for the dates around 9-4-2006. There was no mention of a jet ski and boat accident. I would think this would be a big story with a child that was injured. I think we have been had.
 
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