What is Considered “Negligent Operation” of a Jet Ski in Florida?
Many accidents on the water are caused by user error. “Negligent operation” might be different in every situation, but it is often the core problem at the center of many accidents, especially jet ski accidents.
Florida law creates some obligations for a jet ski operator, but most of them are based on what is “reasonable” and “prudent.” Failing to operate a jet ski in this manner usually qualifies as “negligent operation” under an objective, “reasonable person” standard. In any case, things like high speed, sudden stops and turns, passing on the wrong side, splashing others, or performing tricks that cause accidents would all fall under the category of “negligent” or even potentially “reckless” operation.
For help suing for a jet ski accident, call the Florida jet ski accident lawyers at Rivkind Margulies & Rivkind at (305) 204-5369 right away.
“Negligence” Defined in Florida Jet Ski Accidents
Injury claims are usually based on only two possible grounds: either the defendant injured you intentionally (i.e., through assault and battery) or by accident. These accidental injuries are called “negligence” in court, and negligence claims in both conventional and maritime accident claims are based on four elements.
First, you have to show that the defendant owed you – the plaintiff/victim – a duty. This duty for jet ski accidents is typically the duty to operate the jet ski in a reasonable and prudent manner. This is judged on an objective basis, comparing the operator’s choices and skills to what an ordinary jet ski operator who is being reasonably “prudent” would do. This is typically called a “reasonable person” standard.
Second, you have to show they breached this duty. This is where negligent operation usually comes in: a failure to operate the jet ski safely constitutes a breach of duty and helps fulfill this element.
Third, you have to prove that the negligent operation was what actually caused the accident. If you would have crashed anyway or you made an unreasonable mistake in response to the jet skier’s poor choices, the accident might not be their fault.
Lastly, you need to have suffered damages. You simply cannot sue for injuries if you did not face any injuries, and your claim will have to be based on things like medical bills and other damages resulting from the crash.
What Constitutes “Negligent Operation” in a Florida Jet Ski Accident?
As explained above, negligent operation results from a breach of the duty to operate a jet ski with reasonable skill and prudence. The standard of what is reasonable is an objective one, and it is up to the jury (or the judge in a bench trial) to determine whether the specific actions in this case fell below that standard. In some cases, the mistakes might even rise to the level of “reckless operation.”
Reasonable Person Standard
Miami jet ski accident lawyers – and all kinds of injury lawyers – usually look to the “reasonable person” standard to define what is and is not negligent. If the jet skier’s operation was reasonable, then it will not constitute negligent operation; if it was unreasonable, then the accident was their fault, and they are negligent.
To determine this, we gauge what kind of actions we expect from a reasonable jet ski operator, like moderate speed, attentiveness to what’s happening around them, courtesy for other vessels (especially in shipping lanes), adherence to no-wake zone rules, and sober, safe operation. In emergency situations, reactions should also be reasonable.
If the court finds that the defendant’s actions in the given situation were unreasonable and fell below this standard, they are deemed negligent. For example, speeding, carving too close to other vessels, swerving around other vessels, performing tricks in crowded areas, or cutting across the path of another boat would all be unreasonable in most situations. If these mistakes result in a crash, the jet ski operator would be at fault.
Reckless Operation
In some cases, the operator’s mistakes go well above mere “negligence” and become “recklessness.” Reckless operation is when the operator should be able to recognize that what they are doing is dangerous, but they do it anyway. This could involve things like intentionally splashing another jet skier or trying to jump over another vessel. These kinds of activities might be fine for a professional in closed waters, but they are not appropriate for most jet ski operators and would be patently dangerous. The same is true of things like operating a jet ski while drunk or on drugs.
In cases involving recklessness, additional “punitive damages” might be available to make the defendant pay the victim more money just to punish the defendant for their recklessness.
Standards for Amateur Jet Ski Operators and Renters in Florida
Whenever anyone is operating a jet ski, they are held to these same basic standards of reasonableness. There is little to no leeway in the law for it being someone’s first time on a jet ski or for someone merely renting a jet ski instead of being its owner. Many accidents are caused by amateurs and renters who have no idea what they are supposed to be doing on a jet ski and put others in danger because of this overconfidence.
In these cases, they are still held to the same standards of reasonableness for “negligent operation” that other operators are held to. The fact that they are lacking in skill or experience before going out in crowded waters is their own fault, and low skill can be used as an argument against the operator to hold them at fault.
However, the same standards also apply to you. If you reacted dangerously to an emergency situation because of your own lacking skill or experience with a jet ski, that might cut against you when determining liability. However, the law can often support partial liability for each party and still allow you to get compensation at a reduced rate from a defendant who was mostly at fault in the face of your minor mistakes.
Call Our Florida Jet Ski Accident Attorneys Today
Call (305) 204-5369 for a free case evaluation with Rivkind Margulies & Rivkind’s Miami personal injury lawyers.
