Boating and Jet Ski Accidents Are Preventable
Posted: Friday, December 19, 2008
by Terry Cochran
Cochran, Foley & Associates, PC
Riding the waves of the Great Lakes and on Michigan's inland waterways on boats and jet skis is a great way to have fun on a hot summer day, but it's also a tragedy waiting to happen if common sense and due care are not followed. Most owners know how to operate a boat or personal watercraft because Michigan law requires completion of safety training classes before young operators can become licensed. But owners often will let untrained friends "take a turn" on the water and then very bad things can happen.
Another major factor is the use of alcohol by operators. Friends are out having fun on the lake on a hot weekend day. When alcohol becomes part of the formula for fun, then the watercraft should be docked for the day. It is very dangerous to use jet skis for tubing. I know lots of people use of jet skis for tubing or water skiing but these are not designed to pull people through the water. They may have a hook for towing but the operator has very little control over a tube swinging directly toward a swimmer. Many states allow use of personal watercraft for tubing if there is a passenger spotter, but it still is a dangerous practice.
And the consequences of careless personal watercraft operators can be very serious, especially for young people. In any given year, about 20 percent of all personal watercraft injuries in the U.S. are to youth under the age of 18. Of those injured children, 46% were operators and 27% were passengers.
In Michigan in 2006 there were 29 fatalities boating related and 115 injuries. In 2007 there were 35 fatalities and 105 injuries.
Watercraft vessels are usually operated by a person who is sitting, standing, or kneeling. As an inboard boat, personal watercrafts are required to follow the same rules and requirements of other powerboats, in addition to any specific rules applicable to personal watercraft.
Jet skis make up only 6.5% of all boating vessels owned in the U.S. but are involved in 55% of all boat collisions. The U.S. Coast Guard found in 2002 that a personal watercraft operator is seven times more likely to get hurt than a motor boat operator and 30 times more likely than a canoer or kayaker.
Collisions with docks, larger boats and other personal watercraft account for more than 65% of all reported injuries. Collisions often occur when operators attempt to jump the wake generated by another vessel.
Riding the waves of the Great Lakes and on Michigan's inland waterways on boats and jet skis is a great way to have fun on a hot summer day, but it's also a tragedy waiting to happen if common sense and due care are not followed.
Most owners know how to operate a boat or personal watercraft because Michigan law requires completion of safety training classes before young operators can become licensed. But owners often will let untrained friends "take a turn" on the water and then very bad things can happen.
The biggest problem with personal watercraft is people striking other people in the water, either another craft or a swimmer. Operators of all types of boats and jet skis traveling at high rates of speed, must always be very careful and extra vigilant to spot people in the water. The craft may inadvertently travel into a designated swimming area, or a swimmer may wander outside the area. Since you can't brake the vessel, tragedy can easily occur when the operator is inattentive.
Another major factor is the use of alcohol by operators. Friends are out having fun on the lake on a hot weekend day. When alcohol becomes part of the formula for fun, then the watercraft should be docked for the day.
It is very dangerous to use jet skis for tubing. I know lots of people use of jet skis for tubing or water skiing but these are not designed to pull people through the water. They may have a hook for towing but the operator has very little control over a tube swinging directly toward a swimmer. Many states allow use of personal watercraft for tubing if there is a passenger spotter, but it still is a dangerous practice.
And the consequences of careless personal watercraft operators can be very serious, especially for young people. In any given year, about 20 percent of all personal watercraft injuries in the U.S. are to youth under the age of 18. Of those injured children, 46% were operators and 27% were passengers.
In Michigan in 2006 there were 29 fatalities boating related and 115 injuries. In 2007 there were 35 fatalities and 105 injuries.
Watercraft vessels are usually operated by a person who is sitting, standing, or kneeling. As an inboard boat, personal watercrafts are required to follow the same rules and requirements of other powerboats, in addition to any specific rules applicable to personal watercraft.
Jet skis make up only 6.5% of all boating vessels owned in the U.S. but are involved in 55% of all boat collisions. The U.S. Coast Guard found in 2002 that a personal watercraft operator is seven times more likely to get hurt than a motor boat operator and 30 times more likely than a canoer or kayaker.
Collisions with docks, larger boats and other personal watercraft account for more than 65% of all reported injuries. Collisions often occur when operators attempt to jump the wake generated by another vessel.
In Michigan the age to operate a PWC on any Michigan lake was raised to age 16 when Governor Jennifer Granholm in July 2008 signed the Ashleigh Iserman Law, named after a 17-year-old Rochester Hills, MI, teen who died in 2004 when she crashed a jet ski into a boat on Walled Lake. Operators also must a safety boating certificate which is issued after taking required safety classes. Lawmakers raised the minimum age to operate a boat or PWC in hopes of instilling responsible boating attitudes and practices at an earlier age and to bring the minimum age in line with the minimum age for driving a car.
Personal watercraft operators and owners have a legal duty to exercise the highest degree of care in order to prevent injuries to others. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator. If you've been the victim of a personal watercraft accident, you have the right to seek reparations for your injuries. Because these vessels pose a unique danger of serious personal injury and death, and involve complex legal and safety issues, you need an experienced attorney to help you.
Personal watercraft operators and owners have a legal duty to exercise the highest degree of care in order to prevent injuries to others. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator. If you've been the victim of a personal watercraft accident, you have the right to seek reparations for your injuries. Because these vessels pose a unique danger of serious personal injury and death, and involve complex legal and safety issues, you need an experienced attorney to help you.
About the author: Terry Cochran, senior partner in Cochran, Foley & Associates, P.C., a Michigan law firm specializing in personal liability, medical malpractice, and SSD/SSI appeals. Cochran does not represent insurance companies or corporations but instead bases his practice upon representing individuals and families. www.cochranfoley.com - 800-322-5543.
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Top-level comments on this article: (1 total)I liked this article. Having lost a child on a PWC in 2004, I was glad to see that the issue of "the owner letting untrained drivers" use the PWC. 99 percent of the children who die on PWC's did not steal them, they were given permission to operate it by the owner. You should know that the law regarding age to operate a PWC is changing. Governor Granholm signed a bill that raises the age of solo operation (with a boating safety certificate) from 14 to 16 on any Michigan lakes. The law was named the Ashleigh Iserman Law in honor of my daughter. I think this law will help save young lifes.
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