Key West Injury Lawyer Blog
An adult and child have died following a crash on a personal watercraft in Marathon, Florida, according to local news outlets reporting.
Emergency responders were called to the area near 15th Street Ocean around 6:45 p.m. after the personal watercraft crashed into a sea wall.
Police shared a photo of the mangled watercraft which was then published on various news outlet websites and social media. The Florida Fish and Wildlife Conservation Commission is investigating the crash.
Identifying information such as names and ages were not available as of Wednesday morning.
In an annual report tallying data related to boating and personal watercraft accidents on the water, the FWC reported that personal watercrafts accounted for approximately 17% of the 1,035,911 registered vessels in the state. Of the 659 reportable boating incidents in 2023, personal watercrafts made up about 23%, or 151 of the accidents. About 20 of all personal watercraft crashes took place in Monroe County and 20 took place in Miami-Dade County. About half of all personal watercraft crashes involved a collision with another personal watercraft or a boat, according to the data. There were 115 injuries and 12 deaths resulting from these tragic incidents.
Leesfield & Partners
As a personal injury law firm operating out of a state that attracts tourists with its sunny days and sparkling waters, Leesfield & Partners has seen many cases involving boating and jet ski accidents over the years. Jet ski accidents are among the most common recreational water activities that bring injured clients to the firm.
In its 48 years operating out of Central Florida Orlando, Miami-Dade County and Key West, Leesfield & Partners attorneys have seen more injuries and fatalities result from incidents involving jet skis than boating, snorkeling, parasailing or other water activity. In the last six years, the firm has secured more than $10 million in verdicts and settlements for injured clients and grieving families who have been hurt or lost a loved one due to a jet ski crash.
One such incident involved a California family visiting Key West where the father was seriously injured on a jet ski tour. The guides, who were meant to lead the family and give them a proper tutorial on how to operate the personal watercrafts, sped away from the group while on the tour and brought them through a narrow bridge opening with powerful tidal currents. The guides failed to warn the family about the currents and teach them what to do in that situation while also speeding away from them, leaving them out of sight for most of the tour. As a result, the father violently crashed into a concrete bridge piling.
These personal watercraft rental companies can be seen targeting tourists and other vacationers for a day of fun on the water. While these watercrafts may seem like a great way to spot marine life or get a good look at the natural beauty Florida has to offer, most people do not think about just how dangerous these machines can be and how often they result in injury. It is the responsibility of these rental companies to give adequate and detailed tutorials on how to handle these vessels and to warn customers about potential dangers including currents and sudden weather conditions. When bad weather presents itself, it is also their responsibility to cancel a tour to ensure the safety of their customers.
“When exhaustion sets in, renters often lose their grip and fall overboard or face-first into the dash,” said Partner and Trial Lawyer Justin B. Shapiro in a recent article on jet ski rentals that was published in the Daily Business Review. “We have also seen countless cases in which ocean conditions, such as strong tidal currents, overtake a renter’s jet ski, resulting in violent collisions with other vessels, bridge columns, and docks.”
The vendors must also ensure that everyone has understood the safety lesson and operational tutorial they have given via a “check ride” on the water. The reality is, however, that these companies rarely do so.
In one case, a French-speaking tourist on a jet ski collided with and killed the wife of a Leesfield & Partners client because he did not understand the safety instructions given by the rental company. The renter, Fury Watersports, which is the largest and most popular in its field in Key West, failed to comply with the law and ensure that all of its customers understood their safety briefing that day which resulted in tragedy. Attorneys with the firm secured a multi-million dollar settlement.
Though customers are required by these rental companies to sign liability waivers, these documents do not protect the company from liability in all cases. If, like Fury Watersports, the companies do not follow through with the safety regulations outlined in laws such as Chapter 327 of the Florida Statutes, then the waivers cannot be enforced.
