Personal Injury Law

City is not liable for failing to check user skills before fatal jet ski crash

By LaBovick Law

The Appellate court ruled that a shore town's law requiring personal watercraft operators to complete an approved boat safety course does not hold a city liable in the death of Jet ski User.

In the wrongful death action on behalf of a 16-year-old girl who perished when her Jet Ski hit an Ocean City, N.J., dock, the appeals court upheld the dismissal of the suit.

One would have thought that the wrongful death suit was a slam dunk for negligent supervision. The attendant for the city's boat ramp did not check whether the 16 year old Jet Ski User had the necessary skills before the ski launch. The court ruled that the Torts Claims Act, at N.J.S.A. 59:2-4, provides immunity for the city. Sadly, the appellate court sided with the trial judge that the facts in the case before the court did not support a negligent-supervision claim under another section of the act, 59:3-11.

Parents and Caregivers please beware that according to the appellate judge, an attendant's duties does not include checking riders for boat safety certificates or patrolling the waterways. Further, pay extra careful attention to underage minors on jet skis that are outside the area of supervision for attendants.

We share this blog post today with a heavy heart. The water is an excellent place for the use of water pleasure crafts and other fun water sports. Please pay careful attention when having fun in the water.  It is a tragedy when someone dies during a water sports event. Always exercise on the side of caution when engaging in water sports or using water pleasure crafts. And keep a watchful eye on supervising minors in the water.

 Click on the following link to read more on the City Found Not Liable for Failing to Check Skills of Jet Ski User Killed in Crash - New Jersey Law Journal

Full post as published by LaBovick Injury Law Blog on July 03, 2010 (boomark / email).