Renting a sea doo or a jet ski on vacation in Miami can be a fun way to spend your day. However, if you face serious injuries while riding a personal watercraft or jet ski, it may turn a great vacation into one of the worst memories of your life. When rental companies negligently allow inexperienced riders to rent personal watercrafts like jet skis and Waverunners, they put the riders and other people at risk for serious injuries. Miami jet ski injury lawyer Prosper Shaked explains when you might be able to sue the rental company for injuries sustained in a jet ski or Waverunner accident in Miami. For a free consultation regarding your jet ski accident or boating injuries, contact Prosper Shaked Accident Injury Attorneys PA today.
Can You Sue the Rental Company if You Crash Your Rented Jet Ski?
When you rent a jet ski, you often sign a rental agreement and a waiver in case of common jet ski accidents in Miami. These documents dictate the terms of your relationship with the rental company. That means that the ultimate issue of whether you can sue the rental company or not comes down to the terms of your waiver and rental agreement.
Many waivers state that the rental company is not responsible for any injuries you face. However, some of these agreements are not binding because of issues with the contract’s language or deeper legal issues. If this contract does not block liability in your specific circumstances, you may be able to sue the rental company for your injuries.
Jet ski rental companies have a responsibility not to put dangerous drivers behind the controls. By renting a jet ski to someone they know does not have the required skill or experience to handle it, the rental company puts that person and others at risk. Contracts may not cover this kind of situation, and you may be able to sue if a rental company was negligent in their decision to let you rent the jet ski in the first place, and you hurt yourself because of it.
Second, your rental agreement may not cover issues of mechanical failure. If the jet ski is broken or poorly maintained, it could suddenly stop, expel dangerous materials out the back, or even fail catastrophically. If you are injured because the rental company failed to properly maintain the vehicle, and rented you a dangerous watercraft, you may be able to take them to court despite the waiver.
Since waivers are so tied to the specifics of your case, it is important to consult with an attorney if you are considering taking a jet ski or sea doo rental company to court for injuries you suffered.
Can Victims of Jet Ski Renters Sue the Rental Company?
On the other side of this issue is the risk that renting jet skis to dangerous riders poses for others on the water. Other boaters, jet ski riders, and even swimmers may be injured if a renter is unable to properly control their vehicle. Many new jet ski riders do not remember that boats don’t have breaks, and they may not be able to stop, causing crashes. Still others may try to do tricks or flips, which can put others in danger. Especially if they enter traffic or swimming areas, they may be unable to control their jet ski, causing a boat accident or injuring swimmers.
Many rental agreements and waivers for jet skis specifically avoid liability for the rental company, but you may still be able to sue the renter himself for your injuries. The contract and waivers for a jet ski rental are between the rider and the rental company, but they may still affect your third-party claims. The terms of the waiver may have a guarantee that the renter will “hold harmless” or “indemnify” the rental company for any lawsuits. This means that the renter may be required to cover any costs. Still, you may be able to sue the rental company directly and get compensation, then let the renter and rental company work out themselves if they have to reimburse each other.
The rental company may also be responsible for negligently renting out a vehicle. If the rider was especially inexperienced and dangerous, you could sue the rental company that failed to use the proper care or skill in renting out their jet ski. The same may be true if they allowed a drunk or drugged rider on one of their vehicles.
Miami Jet Ski Injury Lawyer
Prosper Shaked represents victims of negligent jet ski rentals and jet ski accidents in South Florida. If you or a loved one was injured in a jet ski or Waverunner accident, call Prosper Shaked Accident Injury Attorneys PA today. We offer free consultations on new cases. Call (305) 694-2676 today to schedule your free consultation.