Boating Accident

Consider that the best advice you have been given has been by actual attorneys on this site and they tell you to seek your own council. I believe that is about all you can expect from this group (Not to say advice here isn't already great).

Even those attorneys here can't give you more than that without getting copies of all applicable reports and interviewing you extensively.

One attorney here has also offered to help you find someone to assist you, I would expect that would include getting the right man/woman with experience in Maritime law. You should follow up with him.

Good luck.
 
The plot thickens…

“An 11-year-old jet ski rider was seriously injured on the Colorado River late Monday after he collided with a 21-foot boat.”

Is that 11-years-old, as in below the legal age to operate a jet ski in Arizona??? Or did they just get the age wrong, and he was of legal age as Chick has stated above?
 
Here's the story (essentially the same story) saved by Google:

LINK

Nobody's met THIS skeptic.

Boy, popcorn WAS the right thing to bring here...Whew!

I've read (at the GFBL sites) that opposing attornies will scour boating forums for just such dialogue from one of the defendants. ("Defendant" meaning—possibly—BeachChick420).

Would anyone like to be looking at the back-side of a printout from this forum...held by the opposition attorney...in court?

Every little detail gets reviewed, and insurance companies are too ready to hand over cash to attornies. (Including your assets after the settlement exceeds your insurance coverage).

It depends on the state—fortunately: Florida, for instance, will let you keep your house. Californians are likely to be far more "gouge-able".

"Dear friends" can change their minds overnight (with the help of their attorney, of course).

The Yellow pages (and the Internet) are chock-full of boating-accident attornies: spend a few hundred just to find out how deep you're into this—and don't depend on "the insurance company lawyer".

In California, that could be just awful.
 
Stop posting details!

I believe you.

I feel for you.

I am going to sell my standup because of you.

"they stated he was going into the marina which he was not..."

Nothing, nothing, nothing good can come from that statement.

Maybe nothing bad, but your attorney can NOT now say maybe he was turning into the marina not doing a donut.

You have limited doubt which is what you want to keep open

Stop posting details.
 
BeachChick...If my 16 year old son of "legal age to operate" was operating someone elses PWC (skateboard-4 wheeler-dirt bike, etc) with my permission and the owner of the PWC's permission, our family health insurance would cover his injuries without recourse to the owner of the PWC (non-negligence) because I gave permission as the parent and guardian of the minor. ...I think that is where you are at as far as being not liable for injuries to your friend’s son...right? No other injuries except to property which isn't covered because of the exclusion in your PWC policy regarding non-familylisted operators.

http://www.navcen.uscg.gov/mwv/navrules/navrules.htm

These are the rules we live by as boaters, and will be part of what decides who pays for the property damages. Give this link to your shared attorney and study the “rules of right of way” for your future boating and reference.

You have taken a lot of insensitive cr*p with a great show of grace. You only let the bull almost get to you once…many have fallen sooner!!

Hope you stay around. Hug those 2 kids and make your husband get on here once and awhile…he is a lucky man. Do be careful what you say on line, but I must add that alot of what you said was the result of defending your honor after having it shoved in the mud.

Respectfully
 
Would somebody please explain to me where she was shoved in the mud? The story developed over a number of posts and only came fully to light as questions were asked. Okay, granted there are some skeptics who didn't believe a word of it, but I didn't see anybody being insulting.
 
BeachChick, ok, I offer my apology for not believing you.

I think the advice you've received is still valid. You should retain a lawyer, right away. In your original question, you asked who should be responsible, you or the boy's parents. It sounds to me like you're friends with the boy's parents, so "neither" would be the best answer. Get a lawyer to vigourously defend you, especially if the boater was drinking.

Good luck.
 
quote:
Originally posted by Maxwell Smart

Would somebody please explain to me where she was shoved in the mud? The story developed over a number of posts and only came fully to light as questions were asked. Okay, granted there are some skeptics who didn't believe a word of it, but I didn't see anybody being insulting.

Click to expand...


Brian, it is easier to play play the role of scorned poster than it is to accept hard advice. She obviously thinks it's a good idea to share a lawyer with the woman who may very well sue her - although why the kid's mom would need a lawyer is beyond me.

She has not gotten the answers she wants, so she lashes out at those who have offered the correct advice, which is "shut up and get a lawyer.

And no, I would not have spoken to her the same way face-to-face, I would have been even more blunt and adament in getting a lawyer and only speaking to him/her.

I'm done here...
 
If the injuries were as bad as stated and the medical bills as high as I would expect AND the jet ski owner is ultimately found to be responsible (probably won't happen) the health plan provider could subrogate against the jet ski owner.
 
I know she asked the first question, but i ask why anyone would want to go through this hell to learn almost nothing. There is such a thing as a general question and there are general answers, she not need to make sworn testimony and this group should not be considered experts and the info given should not be considered anything but general info. Anyone who went through this forum as she did should think twice before sharing details.
John d
 
I have been following this thread closely since it's beginning but keeping my mouth shut because I didn't see anything I could contribute. I will admit at first I was skeptical, but as 'Chick's story unfolded I increasingly became a believer. Then I found the San Berardino County Sherrif's release and the it was clear, this is real. Here's a link -
http://www.co.san-bernardino.ca.us/Sheriff/public/pressreleases/PRDetail.asp?PRID=252

'Chick, my heart goes out to you and your friend for the agony you suffered. It is good to hear the boy has recovered and is expected to do well. Being the father of three small ones, I can imagine the terror you all suffered.

My view of your situation somewhat parallels that of others on this forum. I believe you should consult with an attorney specializing in Maritime Law. I don't know where you live but there are several in CA - I know a firm in the Bay Area that specializes in Maritime Law.

To address your initial question - the issue at this point is liability under civil law, as there do not appear to have been any criminal charges filed. My guess is that you and your friends want this to go away without any further legal confrontation. Since you have received a "bill" from the boater's insurance company, you can't ignore it. The question is how to respond. Do not ignore this - it could be pursued for a judgement against you and your friend. Others have commented on your potential liability for granting permission for your vessel to be used. This kind of liability is common in maritime law - but I believe it would take a judgement to assign liability. I suspect this is something you want to avoid. It's not clear from the facts who would be judged at fault - I can see it going either way.

I offer my best wishes that you can resolve this without further difficulty or pain. We are all thankful that the injured child is doing well.
 
Once again, the report states that the kid was 11, ie; “The eleven year old boy was flown to a hospital in Las Vegas” …and this from a sheriff’s report.

Quite frankly, I don’t believe that on 9/4/2006 (the day the accident occurred) the boy was 12 years old. An underage operator would explain; a) why the owner’s insurance would not cover damages, and b) why the kid’s mother was originally charged with child endangerment.

Beach, you want to come clean with us on this one???
 
The eleven year old boy was flown to a hospital in Las Vegas, Nevada where he underwent medical treatment and was listed in serious condition in the Pediatric ICU unit.

Alcohol does not appear to be a factor in the collision.

Refer : Tim Smith, Sergeant
Colorado River Station
760-326-9200
Report # 250600153

The report seems to contradict 2 previous statements. I'm glad the boy is doing well. Get your own lawyer.
Good luck. Bill
 
Can I say this? GOOD LUCK to you and GET off our forum!!!!!!Get a lawyer of your own and quit gracing us with your BS!!! Thanks,...Have a Good life!!4 pgs. of drival....jeese!!
 
"need a little advice if anyone is savy to this topic...

Recently we were at the river. We had our friends with us and their 12 year old son who wanted to ride our jet-ski. His parents allowed him to do so and while riding it, he was struck by a boat. The accident report deemed the accident the childs fault, due to inexperience.

Legally, who should be responsible for the damage to the boat? Me, being the registered owner of the vessel, or the boy's parents for them giving permission and ok-ing their son to ride the jet-ski???

I'm personally being sued for the damages to the boat...anyone know???"
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This is the original post. Your major mistake was to ask for legal advise on an open forum from non-attorneys. Any legal advise from here is useless. The nonlegal priceless advise given here is get your own lawyer and stop discussing this case. Numerous post have stated this over and over. If we misunderstood and your original intent was really to ask for sympathy and consolation, these people would have given it if the story would have been fully and accurately disclosed. We were skeptical and afterall no one likes to have their emotions played with.
 
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