Legal Help After A Personal Watercraft Injury
A favorite activity of Floridians and Florida visitors is to ride Jet Skis, WaveRunners and other personal watercraft. Unfortunately, their popularity also means a high number of serious accidents on Florida’s waters each year.
According to 2024 boating accident data from the Florida Fish and Wildlife Conservation Commission, personal watercraft accounted for 174,168 accidents statewide, or about 17% of all reported cases. While PWCs are a smaller share of total vessels, they consistently appear in a significant number of serious crashes due to operator inexperience, high speeds and crowded tourist areas during peak season.
Furthermore, Jet Ski and boating accident claims are more complicated than onshore accidents. The laws are different, and the entire procedure requires specific maritime knowledge and experience.
We are here to help you. If you have been hurt in a personal watercraft accident, our attorneys at Munch and Munch, P.A., have the knowledge and experience to help you get the compensation you need.
Understanding Rental Company And Tour Operator Liability
A large number of Florida’s personal watercraft accidents happen on rentals. In fact, the Florida Fish and Wildlife Conservation Commission reported 3,561 rental-related accidents in 2024. This means that many of the people hurt are visitors or occasional riders who trusted a company to provide safe equipment and proper instructions.
If your injury happened on a rented Jet Ski or during a guided tour, the company may share responsibility, not just the operator. Rental businesses and tour operators are required to:
- Keep their Jet Skis and WaveRunners in safe working order
- Provide life jackets and other safety equipment
- Give riders basic safety instructions before letting them go out
- Refuse rentals to underage or intoxicated riders
- Follow Florida and U.S. Coast Guard safety rules
When they cut corners on these duties, accidents are far more likely to happen.
Most rental companies carry liability insurance, but it doesn’t always cover everything. Some try to limit their responsibility with waivers or disclaimers that riders sign before heading out. The effects of these waivers can be difficult to navigate, and it is best to contact a maritime attorney to help guide you in making a claim. Insurance disputes are also common, with companies sometimes blaming the rider to avoid paying.
That’s where having an experienced maritime lawyer matters. We know how to challenge unfair waivers, dig into insurance coverage and hold rental companies accountable when they fail to keep riders safe.
Liability In Personal Watercraft Claims
One of the first issues to contend with in a watercraft accident claim is liability. Who is at fault? And how do we prove that that person or company is at fault?
These accidents are most commonly caused by failure to follow the U.S. Coast Guard’s “rules of the road.” These include speeding, failure to have a proper lookout, alcohol and drug use while operating, and improper training or negligent entrustment by boat owners and rental companies.
A common defense tactic used by Jet Ski and personal watercraft owners is to invoke a federal statute called the Limitation of Liability Act. However, our attorneys understand the nuances of this statute and how to prevent potential inappropriate application. We can bring claims against the other vessel operator or the manufacturer if some type of defect caused the accident. We will find the source of liability and get you the maximum compensation you deserve.
At Munch and Munch, P.A., we have extensive experience representing victims of accidents such as those involving:
- Unsafe operation
- Speeding
- Collisions
- Grounding
- Negligent supervision and entrustment
- Alcohol or drug use while operating
- Manufacturing defects and unsafe design
Generally, compensation for personal watercraft, WaveRunner or Jet Ski accident injuries includes damages for payment of medical bills, pain and suffering, and any lost wages during recoupment. However, the amount of compensation varies with each case. If the injuries sustained are serious, monetary damages for future pain and suffering, future lost wages and future medical expenses may be available.
Common Questions About Florida Jet Ski Injuries
I signed a liability waiver before renting the Jet Ski. Can I still file a claim if I was injured?
Yes, a personal injury lawsuit or insurance claim is still an option even if you signed a liability waiver. For example, if there is proof of gross negligence, that disregard for other people’s safety may lead to the courts setting aside the waiver.
If the waiver included overly broad language or confusing fine print, if the personal watercraft or safety equipment was defective, or if the rental company didn’t provide safety training and instructions, a waiver may not fully offset the company’s liability. Additionally, if staff members engage in intentional misconduct, a waiver does not protect the company from liability.
How long do I have to file a lawsuit for a personal watercraft injury in Florida?
Plaintiffs may have two or three years to file a lawsuit. Incidents in Florida state waters are typically subject to a two-year statute of limitations. Personal watercraft accidents that occur in navigable or federal waters are subject to a three-year statute of limitations.
What if my Jet Ski accident was caused by another boater or rider?
You may be able to file a personal injury lawsuit against the boater or jet ski operator. If they were negligent or broke the law, they may be directly liable. A rental company or manufacturer could also be liable if defects or maintenance issues were to blame.
What is the “Limitation of Liability Act,” and how could it impact my settlement?
The Limitation of Liability Act of 1885 is a federal statute protecting vessel owners in accidents and fatalities on the open ocean by capping damages. If multiple people end up hurt, individual plaintiff’s cases are combined into one federal lawsuit and do not have the right to a jury trial.
The limitation on damages may mean that everyone shares a pool of compensation that is not large enough. Such claims are challenging and require the insight of experienced legal professionals, such as the team at Munch and Munch, P.A.
What kind of compensation can I recover after a Jet Ski or WaveRunner accident?
You may be able to recover economic losses related to your medical expenses, lost wages, reduced future earning potential and property damage losses. You may also be eligible for noneconomic damages, including pain and suffering, disfigurement and disability compensation.
Get The Compensation You Need With The Help Of An Experienced Attorney
If you or a loved one has been in an accident involving a Jet Ski, WaveRunner or other personal watercraft, call 888-976-3759 or email us at Munch and Munch, P.A. Our Florida personal watercraft accident lawyers can protect your rights and get you the compensation you deserve.