Boating Accident

quote:
Originally posted by BeachChick420

No I didn't make it seem like he just "bumped" into the neighbor's boat, just wanted to know if anyone has had a boating accident and could shed a little light. People constantly let other people drive their boats on the river/lake while water skiing, boarding, etc. Someone had to have had an accident. Who's responsible though? Does it really matter the age? He was the "legal" age to be on the PWC. HIS parents ok-ed him being on it. Isn't this the place to post to find out if someone knows ANYTHING???

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The expertise you seek is in the field of law, not boating. The legal specifics here are too arcane for anyone who isn't a legal professional. The best advice is to seek your own legal counsel in addition to any legal help your insurance company may provide.
 
I am confused - how do you go from San Bernardino, to Arizona, to having the child air lifted to Nevada?
 
I am surprised no one else said anything about the boat being 9 feet from the shore???????
 
When you seek a lawyer BeachChick, ask about ‘contributory negligence’. Even thought the kid’s parents let him on the PWC, you may also be deemed negligent, since you, as owner of the vessel, should have been more aware of the risks inherent in riding a PWC and may be culpable for not fully explaining these risks.
 
geez guys.. can we give a new poster the benefit of the doubt ?

ok, so legal age in AX is 12, would have been nice to know that up front as it could make a difference.

If the guy was operating the boat in a reckless manner, and running at high speed 10' from shore qualify, i can't understand how the police report place the blame on the kid driving the PWC. I would guess that if this goes to court, responsibilty may be shifted on the boat driver, especially if he was under the influence.

The parents are certainly more responsible for this than you, since you had bought it from them and the kid was of legal age but as the PWC owner you will be dragged into this...

get your insurance involved asap and an attorney... and i would also watch what i say or type if i was in your shoes.
 
quote:
Originally posted by In the know

I am confused - how do you go from San Bernardino, to Arizona, to having the child air lifted to Nevada?

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Huh? That makes no sense. We live in the Inland Empire of SoCal. We took a weeks vacation to the river and the kid was air lifted to Children's hospital in Vegas...what are you confused about? What does San Bernardino have to do with anything???
 
The flip side is it sounds like the fight over the cash will take more time and money than the fight for life took.

Was it the PFD that made that difference?

Cant help with the legal advise but I am interested in what worked well in keeping the child alive.
 
So you took your jetski from SoCal to Arizona for a vacation - how much did it cost to ship it?

Chick, if you have been following this board, you are aware that there have been several "one hit wonders" here lately.

Your story just does not add up.

A kid borrows YOUR jetski, gets hit by a boat, almost dies, you are getting sued, and you ask for advise from a group of people that you have never even communicated with before????

I am a former personal injury lawyer in NY, so I have quite a bit of experience in accidents and lawsuits.

Tell us, have you spoken to your insurance company or lawyer yet???
 
Beach .. This is not rocket science.

Do you have insurance ?? If yes, have you called them?? If you have not called them, why not? If you have no insurance you are in deep stuff, you will be sued, and they will collect!

Trust me, if there is a child involved and you are the owner of the PWC (or whatever vehicle is involced) the kids parents can find a lawyer to sue you. In my case it was 1 year and 364 days when I was served, my daughter was not a fault, but her parents walked away with 150K.

Get a lawyer !!
 
ok in florida a few years ago a friend of mine stole a jet ski from a house on the water that he then wrecked that night he got injured in the incident and the owner of the boat he hit ended up sueing the owner and won. figure that one out. he had his pwc stolen from his dock, had no Idea it was gone, and was still sued in the end and got taken for quite a bit of cash. the liability laws are strange. thats about all I know about this stuff. best to CYA and let a pro handle things.

Kevin
 
BeachChick420

As an owner of 2 jetskii I have to say what right do you have to let ANYONE use your ski that has not been properly trained in it's use. I don't care if the lord himself was there and let the kid ride the ski, YOU ARE 100% RESPONSIBLE FOR IT'S USE AND THE SAFETY OF THOSE ON IT.

Your apparent attitude about this is appalling. Doesn't matter if the law says a 12 year old can ride, your in deep doo doo. Better heed the advice and see a lawyer soon because your going to need one. Especially when the kids parents sue you as well.
 
Beachchick, I like the name by the way, because we often get hit with rather interesting stories here some of our members who are a little long in the tooth so to speak look at new & startling posts with a little skepticism. Also, remember that many of us are used to being abrupt with each other cause we are lousy typists and that the posts are two dimenional and you cannot hear the grumpy scarcasm or intended humor and even less sympathy. That being said, get a lawyer, statutes change state to state and variables in insurance regulations are quite entertaining at times. Don't rely on your insurance company to cover your butt for you, they don't make money giving it to you. The only person you can count on is yourself, your husband, and the guy with the juris doctor you are going to pay $200.00 plus per hour to stop your life from being destroyed. Finally the obligatory 20/20 hindsight. The only thing you should loan anyone is a cup of sugar, after they sign a disclaimer!
 
I don't know what the law will say but IMO from an ethical standpoint, you are responsible. It was your jet ski and unless it was taken without your permission or knowledge you should bear the consequences.
 
She has been told to get a lawyer 17 times already, has she done so? Does not sound like it. Why???

IF this story is true, she better have a ton of insurance, the kid almost dies, and may have permanent injuries.

She owns the ski, it's called "deep pockets" and responsibility of ownership. The cost of the repair of the other boat will be nothing compared to the personal injury suit.

I still have my doubts about the veracity of this story.


"The boat driver refused a breathalizer at the scene...But, the accident report still says the boy was at fault, but could be amended when the blood test comes in...


When was he given a blood test? As a former prosecutor, I can guarantee you that they would have the results in hours, if he was intoxicated, he would have been arrested.

Too many inconsistencies here - if this is true, I'd love to be the lawyer for the kid's parents.
 
Wow You say in your third post the kid was DOA when the paramedics got to the scene.Then in your eigth post you say he was breathing very shallow until the paramedics got there. Keep posting in a few more post's I am sure the boat will be fixed at no charge and the sun will come out. In a maritime court the percentage of fault will be set and the parties will be assesed accordingly. If you want real answers we need real questions not fogwash.Sell the PWC back to them the kid needs practice.
 
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

No, that's not me falling asleep, that's the drag being let out by you 20 fish getting hooked on this long-line. Somebody get into the fighting chair and lube up the leather slide!
 
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