Tag Archives: jet ski

Waiver enforced under Maritime Law in Puerto Rico Jet ski Case

By Doyice Cotten

In the post last week, we looked at a waiver in a Puerto Rico jet ski case (Morgan v. Water Toy Shop, Inc., 2018). The Puerto Rican court examined the case in which the plaintiff was seriously injured in a collision with another party; the plaintiff sued the shop that rented the jet ski to the party who caused the accident. Since the incident occurred in navigable waters, the suit fell under maritime law.

Puerto Rico Jet Ski Waiver Emphasizes the Inherent Risks of the Activity

By Doyice Cotten  

The primary purpose of a liability waiver is to protect the entity from liability for injuries resulting from the negligence of the entity and its employees. A secondary function of the waiver is to help provide protection from liability for injuries resulting from the inherent risks of the activity. Technically, the provider is not usually liable for injuries associated with the inherent risks – provided the injured party was familiar with those inherent risks. The listing of inherent risks in the waiver can provide evidence that the participant was aware of the inherent risks;

Importance of Listing all Protected Parties in Your Waiver

By Doyice Cotten

Bradford Jones and his son, Forbes, rented jet skis from The Barge, LLC, owned by David Hubert. As they began riding, Bradford was injured when he turned suddenly and stopped in front of the inexperienced boy’s jet ski.  They collided, Jones was injured, and they subsequently sued The Barge, LLC, and Hubert.

Hubert had bought the business in 2006 and became the sole owner when he bought out his partner and renamed the business The Barge Watercraft Rentals.

Risk Management: Cruise Ship Precautions for Jet Ski Tour

By Doyice Cotten

In a case involving a collision between two jet skis during a jet ski tour provided by Royal Caribbean Cruises (Royal), Royal listed the risk management steps taken in an effort to prevent injuries ( In re Royal Caribbean Cruises, LTD, 2013).  The tour consisted of a number of jet skiers in a single file follow-the-leader type tour. Providers of all sport businesses would do well to study these steps and adapt them to their sport business.