Rider hurt - my boat, my fault?

[dalderman]

Interesting question for someone with experience or that works in law or insurance.

A friend was riding behind my boat (I was driving) and tore up his leg on a simple W2W jump. Broke his ankle and tore ligaments. He contacted his insurance company and they gave him the third-degree about the owner and driver at the time he was injured. Since he's a friend and noticed where this was going, he asked why it mattered and the insurance company said it was the owner's responsibility and they wanted to come after me for damages.

Does anyone else have experience with this? Is the boat owner responsible if you willing participate in the sport and get hurt?
I know it's an extreme measure but should people sign a release form to ride with you in order to cover your a$$?

[shonuff]

I own an insurance company. In short, yes the boat owner would be liable if negligence can be proven. Same deal if someone were to get hurt while on your property/in your house. Your liability coverage would kick in and cover it.

Sh*t happens, this is exactly why you need good insurance coverage. I carry $500k liability coverage on my boat policy and have a $1M personal umbrella that would kick in after that if needed. I've seen too many stories like this so I make sure I'm covered.

I'll let a lawyer chime in about the waiver part. I'm assuming that would release you from the liability but don't quote me on it.

[chavez]

dalderman, that is complete bs.

If they can come after the boat driver, why not the boat mfg? The wakeboard mfg? The binding mfg? Why not the lord almighty for creating the physics involved with the jump?

I assume if he did this snowboarding in the woods they'd sue mother nature.


If he was injured due to your negligence, fine. If he was injured attempting a "trick" that he himself initiated, then WTF?

[shonuff]

[chawk610]

My opinion.... don't have anyone on your boat you don't trust like a brother... or Sister... If I have to have releases signed... then I will not have guests. Just me and the wife...come to think of it... that B@tch would prolly sue me!!!

[Chattwake]

Technically, the insurer could try to file a subrogation lawsuit against the boat owner, but I'd be surprised if it did. Sure the insurer could sue you, but that doesn't mean it will recover. I'm not aware of any rule of law that says you are automatically liable because someone gets hurt while boarding behind your boat. I've never looked at it, but I'm pretty sure that the insurer would have to prove that the boat driver was negligent in order to recover - whether that means he or she was driving too fast, too close to another boat, etc., or the equipment being used was not properly maintained, etc.

If you're not drunk, you're doing what you're supposed to do, and your equipment is in good shape, I don't see the basis for liability. Just because someone you invite over to your home gets hurt, you're not automatically 100% liable. There are still elements that have to be proven to establish legal responsiblity.

Also, assumption of the risk, comparative fault, etc. would all come into play. Having people sign a waiver could help, however, I'm not sure how the law is in your jurisdiction. In Tennessee, you can only waive so much.

If I were you, I wouldn't sweat it unless you were doing something wrong. If your buddy knows it was an accident and you were not at fault, what proof is there to justify a claim against you? It's not like your buddy is made because you slung him into a boat or a dock or something.

[chavez]

shonuff,?? you don't sign anything when you buy a lift ticket.

Now, the language on the back of the ticket is pretty wordy, but you don't sign anything.


My thoughts were pretty much in line with what Chattwake just said. He's the JD, not me.

[Okie Boarder]

[chavez]

Okie Boarder, FSM is the lord almighty. The lord almighty is FSM. Einhorn is Finkle.

[shonuff]

[shonuff]

[Okie Boarder]

[tjrlake123]

I'm still in law school so don't rely on my advice, but as long as you weren't "engaging in conduct so reckless as to bring it totally outside the range of the ordinary activity involved in the sport[,]" you should be fine. Google Ford v. Gouin.

As for the release form, read Dobratz v. Thomson.

[pet575]

+1 to Chattwake-pretty much hit the nail on the head.

I represent 8 insurance plans that subrogate (means you stand in the shoes of your policyholder and make a claim) against third parties all the time for slip and falls, ATV accidents, car wrecks, etc. I would never pursue a case like this simply because of what Chattwake and tjrlake123 wrote.

Your rider assumed the risks which are built into wakeboarding. So long as you were not reckless in driving the boat you will be fine.

[3MileBayWaker]

[Skywalker022]

If a horse hurts its leg real bad you put it down!!

[Lotz]

eye opening... a majority of friends are learning how to board and are trying to get the basics down... feel like that's the easiest time to break or tear something.

Lotz

[Chattwake]

The easiest time I have found for people to get hurt is when they start trying their first inverts. People who don't have a sense of when the landing is coming don't bend their knees and pop goes your knee. I tore my acl and a bunch of cartilage when I was learning a backroll 6 or 7 years ago. That summer 3 of my friends tore their acl's doing essentially the same thing.

[9DROZD]

The thing with the lift tickets is when you buy the tickets thats when you assume responsibility. That is if you are not required to sign anything. So basicly you sign when you purchase the tickets even tho you dont sign your name.