Interesting Boating Story- Fountain vs Seadoo Wake Accident

[C-Ya]

Here’s a link to the story. It’s already several pages on another boating site I frequent. I have no dog in this hunt other than to ad a little boating content.

Jet Skier, Injured by Wake on Lynnhaven River, Sues Cigarette Boat Owner | Chesapeake Bay Magazine

A boating accident in Virginia Beach, Virginia, last summer—now the subject of a new lawsuit—has shed light on a relatively unknown but still valid maritime law dating to the 1850s.

chesapeakebaymagazine.com

 

[HNL2LHC]

Here’s a link to the story. It’s already several pages on another boating site I frequent. I have no dog in this hunt other than to ad a little boating content.

Jet Skier, Injured by Wake on Lynnhaven River, Sues Cigarette Boat Owner | Chesapeake Bay Magazine

A boating accident in Virginia Beach, Virginia, last summer—now the subject of a new lawsuit—has shed light on a relatively unknown but still valid maritime law dating to the 1850s.

chesapeakebaymagazine.com

Good to know about the 1800s law. RD will be happy to know that with his recent purchase he is only on the hook for less than $5500.

 

[Tank]

Interesting story. I'd be fearful that even admitting that he could potentially be responsible for up to 300k proves some sort of consciousness of guilt. On the other had, if you stand your ground and say, "I'm not responsible for this" and it goes to the box and you get some crazed jury that decides 850k isn't enough, lets do 2mil (seen it happen) then the dudes kinda fucked.

Bullshit lawsuit.

 

[lbhsbz]

That law is great. I can only be responsible for $3000....maybe $3500 if they count the trailer after I get new tires.

 

[MeCasa16]

That law is great. I can only be responsible for $3000....maybe $3500 if they count the trailer after I get new tires.

Only if you leave the trailer attached to the boat while you’re driving it. That should slow it down enough to keep the damage to a minimum.

 

[rrrr]

The owners of the Conception dive boat have cited the same law in a defensive suit they filed in federal court.

 

[C-Ya]

I just hate the thought of this law becoming common knowledge that everyone on the waterway knows because it rewards those who have the cheapest boat...... That just doesn’t seem right. It defies common sense.

But.... If I were to own a $50 Boat. I would make sure I always had a $50 bill in my pocket, so that I could pay the maximum claim on the spot. Geez.... I am really sorry I just did $900,000 damage to your yacht, but do to maritime law..... I only owe you fifty bucks! Now that’s ridiculous.

 

[DrunkenSailor]

Guy on (probably rental) lake lice attempts to jump Cigarette's wake, goes full rodeo clown and stuffs the landing, breaks leg, sues Cig owner for all the money. Cig owner says you can only sue for value of craft oh and by the way didn't see the accident as you were behind me being a dumbass. Not my problem.

 

[C-Ya]

This story is on another boating site. So far 5 sites. I am copying and pasting a response that does a decent job of explaining.

Here is “Fillet1” on The Hull Truths site:


I am a defense attorney and use the limitation action when it applies. Running the risk of boring everyone I can explain.

The policy behind the act was to protect owners of ships, who would likely be wealthy companies or individuals, from liability beyond what the vessel was worth. Back in the 1800s shipping was the only way to transport goods and the nation needed it to survive. If the shipping companies/owners could be subject to claims that could bankrupt them, this would kill the industry.

Later law has applied it to recreational vessels, but the law only applies in certain circumstances. First, there has to be negligence in the operation of the vessel, or a lack of seaworthiness of the vessel. This could be a drunk captain colliding with another ship, or running aground with loss of cargo due to operator error. Seaworthiness means that the vessel was not seaworthy, resulting in a loss of life or property. If a ship sinks because of structural hull failure seaworthiness is implicated.

Once the plaintiff proves that negligence or lack of seaworthiness existed and caused the accident, the owner of the vessel must show that the negligence or lack of seaworthiness occurred without the owner’s “knowledge or privity”. What this means is that if the ship owner (who typically is not the captain) had no knowledge of the lack of seaworthiness of the ship or of the negligence of the captain (such as knowing you hired an inexperienced captain or that he was drunk when he left the dock) then the owner can limit its liability to the value of the vessel. Basically, if the owner was uninvolved with what happened, the limitation can apply.

In the accident discussed above, the limitation action really does not apply. The owner was operating his own boat, so if he was negligent, such negligence was plainly with the “knowledge or privity” of the owner. The limitation action was filed, as I have done before in other cases, to threaten plaintiff with a potential limit on damages that will likely never occur. This likely was done because plaintiff sued for 850k for injuries that are not nearly worth that. If the owner was negligently operating his Fountain and injured the jet skier - the limitation will not apply. If the Fountain driver was doing nothing wrong and is not negligent, then there is no liability to limit

 

[spectras only]

I wonder if that jetski guy is in one of the Haulover videos proving him being a fraudster , looking for money grab.
I've seen them run in steeper wakes than any Fountain's wake.

 

[Nanu/Nanu]

Dock crushers...

 

[Shlbyntro]

I just want to throw this out there since it seams to have been missed.

Fountains don't make shit for wakes! Especially when up on plane. Seriously, I could throw a bigger wake with a 20ft bayliner. So what wake is this plaintiff talking about??

 

[rivermobster]

Aren't you supposed to be responsible for any damages your wake causes?

I'm torn on this...

On one hand, it's a SeaDo, so he should have been paying more attention in a no speed limit zone.

On the other hand, I'd sure like to see people be held responsible for their wakes. Could set a precedent for these ridiculous wake board boats.

Tough call.

 

[spectras only]

I just want to throw this out there since it seams to have been missed.

Fountains don't make shit for wakes! Especially when up on plane. Seriously, I could throw a bigger wake with a 20ft bayliner. So what wake is this plaintiff talking about??

Guy is full of shit. Probably jumped over the wake on purpose and fell of his jetski screwing himself up.
Here's what the wake looks like behind my buddy's Fountain at high speed. Like I said, you see jetskis going through massive wakes at Haulover not always falling off.

 

[RiverDave]

Judging by the article (if accurate) it makes ya wonder why you’d carry any more insurance than the boat is worth being that’s all you are liable for?

 

[98special]

There's has got to be more to this story. I can't believe a wake caused his injuries without him jumping the wake intentionally
.

 

[Boatymcboatface]

Guy is full of shit. Probably jumped over the wake on purpose and fell of his jetski screwing himself up.
Here's what the wake looks like behind my buddy's Fountain at high speed. Like I said, you see jetskis going through massive wakes at Haulover not always falling off.

Send this video to the attorney.

 

[Nanu/Nanu]

Mr seadoo is lucky to be alive. Those fountains should be outlawed....said no one ever

 

[CLdrinker]

So I’m going to go rent a jet ski and start following wake boats around.
I’m going to be rich!!!

 

[MoreyMcC]

The Fountain was overtaking the Jet ski. That makes the Fountain responsible.

 

[Lumpy]

The Fountain was overtaking the Jet ski. That makes the Fountain responsible.

Nope....

According to court filings, Erik Simons was operating his Sea-Doo in that area when a 47-foot Fountain powerboat named No Limits, owned by Morechell Pryer of Virginia Beach, came from behind and passed Simons.

According to Simons, the Fountain’s wake tossed him off his watercraft.
Simons broke his leg in two places and dislocated his shoulder. The accident was reported to Virginia Beach Police, but no one was cited.

 

[rivermobster]

There's has got to be more to this story. I can't believe a wake caused his injuries without him jumping the wake intentionally
.

Or tossing him into a dock or something solid?

I've crashed HARD on the water plenty of times. Water skiing, jet skiing, jumping off stuff I shouldn't have, and never even got a nose bleed, much less broken a bone!

Maybe the guy is 90 years old? Has some bone deficiency? Weighs 90lb and is 7ft tall?

Definitely more to this story!