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Salpeter Gitkin, LLP Litigates Case Involving Personal Watercraft Tragedy
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Personal Watercraft Accidents
Salpeter Gitkin, LLP Litigates Case Involving Personal Watercraft Tragedy
Posted by: James Gitkin
June 02, 2009
My staff and I are currently litigating a case involving a very tragic accident. We represent the parents of a 14 year old boy who sadly died two weeks after the personal watercraft (also known to some as a waverunner) he was riding crashed violently into a dock at Markham Park in Sunrise, FL. There are two facets to the case right now. The first involves a claim that the adult present at the time of the crash and who owned the watercraft failed to adequately supervise the situation. The other part of the case involves claims against the manufacturer of the personal watercraft stemming in part from a) the company's alleged failure to warn the user of the watercraft about potential dangers in using it; and b) the fact that the watercraft was designed ineffectively because it can be periously dangerous in off-throttel streering situations.
The concept and problems with off-throttel steering are this - personal watercrafts have a certain level of normal steering when the throttel (or gas if you will) is utilized. When a rider stops utilizing the throttel, the watercraft's steering is practically nonexistent; it is pretty much impossible to steer. The problem with this design feature (or flaw) is that in dangerous situations (i.e. the watercraft is apporaching a dock, another watercraft or boat, or some other stationary or moving object) a rider's natural inclination is to take his/her hand off the gas. The instinctual thought is that by slowing down, the dangerous scenario will become less dangerous. Unfortunately, most riders are not warned and do not realize that by taking their hand off of the throttel, they have in fact made an accident much more likely because they cannot steer and avoid whatever they are about to hit.
When we see commericals for personal watercrafts or see images of watercrafts on TV and in the movies, the appearance is that these things are very easy to ride and just a ton of fun. While they are fun (I have ridden on my fair share), most people do not realize that training and experience and understanding of the true dangers of watercrafts are necesarry before riding. Most riders just simply do not understand or have not been warned that tragic accidents do result from riding personal watercrafts. We will update further as our sad case procedes further in litigation.
