Jet Ski and Personal Watercraft Accident Lawyer in Florida
Why Jet Skis and PWC Are High-Risk Watercraft
Personal watercraft operate differently from traditional boats. They respond sharply to throttle and steering inputs, accelerate rapidly, and are designed to run close to other users. Experienced operators who understand these traits can ride them safely. For novices — particularly rental customers with no training — the learning curve is dangerous.
Several factors make PWC accidents especially common in South Florida:
- High traffic density: South Florida’s waterways — especially near popular beaches and marinas — concentrate PWC, traditional boats, swimmers, and paddleboarders in limited space. The margin for error shrinks sharply in crowded areas.
- Rental operator inexperience: A large share of PWC accidents involve rental customers who received minimal or no meaningful instruction before heading out on the water. Rental companies have a duty to train customers adequately, ensure they understand the equipment and local rules, and refuse rentals to anyone who appears impaired or otherwise unqualified.
- No-wake zone violations: No-wake zones near beaches, marinas, and swimming areas exist to protect people from the dangers of fast-moving watercraft. PWC operators who ignore them — deliberately or out of ignorance — put swimmers, paddlers, and other boaters at serious risk.
- Propeller and intake injuries: PWC injuries frequently involve the vessel’s propeller or water intake. People who fall off or are struck by the watercraft may suffer severe lacerations, avulsions, or internal injuries from these components.
Rental Company Negligent Entrustment
If you were injured by a rental PWC operator — or if you were renting a PWC and were injured due to the rental company’s negligence — the rental company itself may bear significant responsibility.
Negligent entrustment occurs when a business rents a vessel to an operator who is unqualified, impaired, or otherwise not competent to operate the equipment safely. In the PWC rental context, this includes:
- Renting to an individual with no boating experience: and providing inadequate or no safety instruction.
- Renting to a visibly impaired person: who should not be permitted to operate any watercraft.
- Failing to screen the operator: for the basic competence needed to handle the watercraft safely.
In addition to negligent entrustment, rental companies have an independent duty to inspect and maintain their equipment. A PWC with steering problems or a malfunctioning kill switch creates danger that falls squarely on the rental company.
PWC rental companies commonly use liability waivers. The enforceability of those waivers under Florida law has limits — particularly when the company’s conduct was grossly negligent or when the waiver was not clearly presented and voluntarily agreed to. Your attorney will analyze any waiver as part of evaluating your claim.
Admiralty vs. State Law in PWC Cases
The legal framework governing a PWC accident in Florida depends in part on where the accident occurred. Accidents on inland waterways, near-shore coastal areas, and the Intracoastal Waterway are typically governed by Florida state tort law — standard negligence principles, the 2-year statute of limitations, and Florida’s comparative negligence rules.
Accidents farther offshore, in navigable federal waters, or in circumstances implicating federal jurisdiction may involve admiralty law, which carries distinct procedural and substantive rules. Determining which framework applies requires analysis of the specific facts of your accident.
Your attorney will identify the applicable legal framework and pursue your claim under the rules that most protect your interests.
Common PWC Accident Injuries
Jet ski and PWC accidents produce a range of serious injuries:
- Traumatic brain injuries: from impact with the vessel, water, or another object.
- Spinal cord injuries: from high-speed falls or collisions.
- Propeller and intake lacerations: among the most severe watercraft injuries, often resulting in permanent scarring or amputation.
- Fractures: from impact with the vessel’s hull, dock, or other fixed structures.
- Drowning and near-drowning: when an operator or passenger is separated from the vessel in open water.
The 2-Year Statute of Limitations
Under HB 837, Florida’s 2023 tort reform law, the statute of limitations for personal injury claims — including PWC accident claims — is two years from the date of the accident, reduced from the prior four years. Wrongful death claims carry the same 2-year deadline.
Do not wait to consult an attorney. Evidence must be preserved quickly — rental records, maintenance logs, the PWC itself (if it has not been repaired), and witness information all need to be secured early.
Contact HLM Injury Lawyers — Free Consultation
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida and former clerk to Florida Supreme Court Chief Justice Charles T. Wells, with more than 25 years of trial experience. He represents PWC and boating accident victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, Broward County, and South Florida. Eric is bilingual in English and Spanish.
If you were injured in a jet ski or personal watercraft accident, call (305) 842-2100 for a free consultation.
HLM Injury Lawyers
3301 N. University Dr., Suite 100, Coral Springs, FL 33065
(305) 842-2100