Massachusetts Personal Injury Library
Recreational Water Sports and Boating Accidents (Part A)
Recreational watersport accidents are on the rise, thanks to the huge popularity of personal watercraft (PWC), waterskiing and other off-boat diversions.
Who is liable, though, for personal injury in a waterskiing or jet ski accident? A Massachusetts wrongful death lawsuit can be brought against equipment manufacturers when product failure was a cause. Boat and jet ski operators can be at fault for illegal towing, supervisory or operation issues. Collisions in any arrangement are possible for boats, waterskiers and jet skis. The laws governing their interaction on the water vary by state, and it is up to the participant to stay current on regulations and to follow them. For instance, guidelines on PWC use from the State of Hawaii apply to safe operation in all states, although they may not be enforced by law.
Jet Skier Responsibilities
Personal watercraft can both cause and sustain accidental damage and personal injury to occupants and others in and around the water. Jet skiers are responsible by law for the safety of those in the water around them. While states may have education restrictions for young teenage PWC operators, they may not regulate operator knowledge for adults 18 and over. Driving defensively in such a climate is a must. Also, in waters that are becoming ever more crowded with jet skiers and other recreational users, staying alert is crucial to personal safety.
In some states, such as Massachusetts:
- Wake jumping is illegal.
- PWCs must observe no-wake zones.
- Life jackets must be worn while jet skiing at all times.
- PWCs cannot be operated after dark.
- Driving at more than headway speed within 150 feet of swimmers is illegal.
Observing other safety measures, such as maximum passenger capacities, may be enforceable, depending upon the jurisdiction. Owners and operators should check with state licensing agencies for local laws. Those who have been injured by PWCs should consult a personal injury attorney.
Next, you should consult with a personal injury attorney that specializes in boating accidents. It is important that the lawyer has handled these types of cases and that the attorney understands the common issues that may arise.
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