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A passenger hurt on a jet ski: who pays?
Short answer
If a passenger comes off a jet ski and is hurt, the rider is liable where the rider was at fault,
and that is what third party liability cover is for.
With nobody at fault the passenger carries the loss.
A passenger on a jet ski has very little to hold: a grab strap and the rider in front. A tight turn, a jump off a wave or snapping the throttle shut is enough to put them in the water. Usually it ends with a fright. It turns serious when the passenger strikes the machine, another boat is close by, or they end up behind the stern in the jet of the pump. Manufacturers warn in their manuals of severe injuries from that jet and recommend close fitting wetsuit bottoms for anyone riding.
In law it comes down to fault. If the rider has fallen short of reasonable care, riding fast close to others, carrying more people than the machine is rated for or failing to brief the passenger, the injured person can claim damages, and that applies between friends and family as much as between strangers. That is the job of the jet ski's third party liability cover. Check whether the wording includes claims by passengers and whether members of the rider's own household are excluded. A health insurer or health service that has paid for treatment may also try to recover its costs from whoever caused the accident.
Where nobody is at fault, liability cover pays nothing and the passenger bears the loss. Personal accident cover, which pays regardless of fault, fills that gap. So before the first run with a guest take two minutes: buoyancy aid on, hold the strap or the rider, feet in the footwells, and after a fall swim away from the stern. The kill cord belongs on the rider's wrist or buoyancy aid so the engine stops if the rider goes in too. And never carry more people than the manufacturer allows.
Worth remembering
Rider at fault
liability cover responds
Nobody at fault
only personal accident cover helps
Two minutes of briefing protect the passenger best.
Questions
What owners ask us about this
Is the rider liable if a passenger falls off?
Only where the rider fell short of reasonable care, for example riding recklessly, overloading the machine or skipping the briefing. A fall without any such failure does not create liability.
Are passengers covered by jet ski liability insurance?
Claims by passengers are often included, with exclusions for members of the rider's household being common. Read the wording or ask your insurer to confirm it.
Why should a passenger wear wetsuit bottoms?
Anyone who falls off behind a jet ski can end up in the hard stream from the pump. Manufacturers warn of serious internal injuries and recommend close fitting protective clothing.
Related
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