Boating Accident
- Thread starter BeachChick420
- Start date
The question asked is who should be legally responsiable for the damage to the boat--the owner who gave permission or the parent of the child?
Arizona Law is very clear: "Arizona law states that it is illegal for a person under the age of 12 to operate a vessel with a motor greater than 8 horsepower (which includes personal watercraft) unless:
An emergency exists or ...
Another person at least 18 years of age is on board. "
However the river is the dividing line between California and Arizona, and if the boy is in California waters, where the accident took place, California law applies: "To operate a PWC designed for one person, the operator must be 16 years of age or older. A person 12-15 years of age may operate a PWC designed to carry two or more persons if the operator is supervised on board by a person 18 years or older."
This is Boater Ed--the idea is education of readers.
It is the obligation of the boats owner to know the law. The owner of the boat gave permission for an underage, untrained person to drive the boat. The parents of the unfortunate child were foolish to ask if their child could ride the PWC, but the obligation was that of the owner to refuse. Beachchick, you have learned a very difficult lesson the hard way. Hopefully others will read this and understand their responsibility and the dangers of PWC's.
I wish you well. I also feel that you do need to be represented by an attorney who specializes in watercraft accidents and is familiar with Admirality law.
Arizona Law is very clear: "Arizona law states that it is illegal for a person under the age of 12 to operate a vessel with a motor greater than 8 horsepower (which includes personal watercraft) unless:
An emergency exists or ...
Another person at least 18 years of age is on board. "
However the river is the dividing line between California and Arizona, and if the boy is in California waters, where the accident took place, California law applies: "To operate a PWC designed for one person, the operator must be 16 years of age or older. A person 12-15 years of age may operate a PWC designed to carry two or more persons if the operator is supervised on board by a person 18 years or older."
This is Boater Ed--the idea is education of readers.
It is the obligation of the boats owner to know the law. The owner of the boat gave permission for an underage, untrained person to drive the boat. The parents of the unfortunate child were foolish to ask if their child could ride the PWC, but the obligation was that of the owner to refuse. Beachchick, you have learned a very difficult lesson the hard way. Hopefully others will read this and understand their responsibility and the dangers of PWC's.
I wish you well. I also feel that you do need to be represented by an attorney who specializes in watercraft accidents and is familiar with Admirality law.
Chris,and the rest,You were right about my comments the other day on this subject. They were way out of line! I owe you all an apology. Also to Beachchick. I believe there was an accident that happened, but we were only getting the one side.Much good advice was givin to her and it seemed she wasn't taking it.Any way SORRY and I will think things through before spouting off again. This is a great forum and I have learned a great deal here!
Chris,and the rest,You were right about my comments the other day on this subject. They were way out of line! I owe you all an apology. Also to Beachchick. I believe there was an accident that happened, but we were only getting the one side.Much good advice was givin to her and it seemed she wasn't taking it.Any way SORRY and I will think things through before spouting off again. This is a great forum and I have learned a great deal here!
Beach, welcome to BE. Hope a few bad eggs don't run you off. This crowd can be cliquish and has it's own version of political correctness. I don't believe that the average RO here would talk to another in person the way their posts sound here sometime. I guess somthing is lost by not being face to face. There are also some very knowlegable boaters here who have taught me and saved me money just by what they wrote. Hope you stick around. FYI, there is an edit button on this board. You can also delete entire posts.
I responded with the following to a thread about "what we've learned" but I think this is a better place to express my opinion:
This thread is becoming boring and predictable...4 pages of the same comments over and over. I think an accident really did occur but her description was certainly from one point of view only and at times seemed incomplete or maybe even vague or exaggerated. In her defense, I think a lot of you 'members only' group were very rude and sinister in your attitudes toward her. I've been hanging around here for several months now and have learned a lot from many member's posts and I really enjoy my visits here, but lately I think some of you come accross as arrogant and stuffy. To keep an active healthy forum going it takes opinions and feedback from more than just the hierarchy of members that seem to claim ownership of this site.
Right or wrong...this is just my opinion.
This thread is becoming boring and predictable...4 pages of the same comments over and over. I think an accident really did occur but her description was certainly from one point of view only and at times seemed incomplete or maybe even vague or exaggerated. In her defense, I think a lot of you 'members only' group were very rude and sinister in your attitudes toward her. I've been hanging around here for several months now and have learned a lot from many member's posts and I really enjoy my visits here, but lately I think some of you come accross as arrogant and stuffy. To keep an active healthy forum going it takes opinions and feedback from more than just the hierarchy of members that seem to claim ownership of this site.
Right or wrong...this is just my opinion.
Thataway4 makes a very good point. It never occurred to me that the accident occurred in state boundary waters, and I failed to make the connection to the San Bernardino County Sheriff's report.
Did this accident occur in AZ or in CA? The laws governing boating, including age restrictions are very different in those states. From the investigation press release it would appear it happened in CA.
BeachChick420, you definitely need to have a first consultation with a maritime attorney.
Did this accident occur in AZ or in CA? The laws governing boating, including age restrictions are very different in those states. From the investigation press release it would appear it happened in CA.
BeachChick420, you definitely need to have a first consultation with a maritime attorney.
- Joined
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- RO Number
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- 99
The lad was illegal to operate a ski solo in both states. Fault was applied properly.
My post states very clearly beachchick's options. That should be all that is said.....really. The question was just regarding the damage to the other boat. This is a simple question to answer. The owner of the ski is ultimately responsible in that particular case.
My post states very clearly beachchick's options. That should be all that is said.....really. The question was just regarding the damage to the other boat. This is a simple question to answer. The owner of the ski is ultimately responsible in that particular case.
I guess my questions are meaningless. And I guess I made up my own ideas about Police Reports. But this sure looks like at least PART of a Police Report...
San Bernardino County Sheriff's Department
Current Press Release
SERIOUS INJURY BOATING COLLISION --9/4/2006
COLORADO RIVER NEAR NEEDLES MARINA , Needles
VICTIM:
SUSPECT:
On Monday, September 4th at approximately 5:45 p.m. deputies from the San Bernardino County Sheriff?s Department in Needles were dispatched to a report of an injury boating collision near the Needles Marina on the Colorado River.
Investigators from the Colorado River Station responded and found that an eleven year old male that was driving a stand up style Yamaha Jet ski was traveling north on the Colorado River near the Needles golf course and began to turn towards the entrance to the Needles Marina. A 21 foot Hallett open bow boat being driven by an adult operator was also traveling north when the Jet Ski turned in front of and into the path of the boat. The operator of the boat attempted to make evasive action to avoid the collision but was not successful and struck the Jet Ski and its driver.
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
GARY PENROD, SHERIFF
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
c/o Public Affairs Division
655 East Third Street
San Bernardino, California 92415-0061
Telephone: (909) 387-3700
Oh well....This is getting to be a very boring topic now wnayways....Sign me up for the "I think it's Bull**** list"
San Bernardino County Sheriff's Department
Current Press Release
SERIOUS INJURY BOATING COLLISION --9/4/2006
COLORADO RIVER NEAR NEEDLES MARINA , Needles
VICTIM:
SUSPECT:
On Monday, September 4th at approximately 5:45 p.m. deputies from the San Bernardino County Sheriff?s Department in Needles were dispatched to a report of an injury boating collision near the Needles Marina on the Colorado River.
Investigators from the Colorado River Station responded and found that an eleven year old male that was driving a stand up style Yamaha Jet ski was traveling north on the Colorado River near the Needles golf course and began to turn towards the entrance to the Needles Marina. A 21 foot Hallett open bow boat being driven by an adult operator was also traveling north when the Jet Ski turned in front of and into the path of the boat. The operator of the boat attempted to make evasive action to avoid the collision but was not successful and struck the Jet Ski and its driver.
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
GARY PENROD, SHERIFF
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
c/o Public Affairs Division
655 East Third Street
San Bernardino, California 92415-0061
Telephone: (909) 387-3700
Oh well....This is getting to be a very boring topic now wnayways....Sign me up for the "I think it's Bull**** list"
I hate to drag this one out, but I feel several RO's have been wrongly accused. It has been, in a nut shell, said we are inconsiderate, our own click, etc. In her first post, the lady asked for advice. She was promptly given no less than 9 quick responses "CONSULT A LAWYER"! She then began adding details of the incident which were hard to believe. A simple "boating accident" turned into a near death situation involving a child. Tell me that doesn't get the feelings out.
Beach, I appologize for my comments if they struck a nerve. You asked a question, you were given answers. That's what this forum is famous for.
Beach, I appologize for my comments if they struck a nerve. You asked a question, you were given answers. That's what this forum is famous for.
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Divedaddy:
I raised the question of CA vs AZ on the very first page of the thread and the question was not answered.
I raised the question of CA vs AZ on the very first page of the thread and the question was not answered.
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I think now that I know Hogan used to be a personal injury lawyer I can't WAIT for a lawyer joke setup....this won't get old for a while....
I understand that in AZ the minimum age is 12. BeachChick stated that the police report was in error reporting the boy was 11, and that at the time of the accident he was in fact 12. On that I am taking her at her word. She also stated the accident occurred in AZ. That point is not clear from what little facts we have.
If in fact either he was 11 or the accident occurred in CA, then I would agree.
I don't get it, there is a police report, the lady has told you what has happened, it might have taken a few post to give you most of the details,
(it is easy to understand why anyone would hold back personal details). Yet after all that several of you call the whole thing BS. What is your problem. The lady asked for general information to general questions, you are the one's who demanded more and when you got more you call it BS and complain about her answers. BoaterED my ass should be called "boater pissing contest" and new pissers need not apply as not many are going to listen to anything said or written by anyone new.
A very smart man once told me boring people all have one thing in common "they are poor listeners". He must have spent time reading post here as what he said fits. Give the lady a break listen a little she only asked for general information i do not think she wanted expert whitnesses for court testimony, she just asked for a few comments, I think she was just trying to cover all the bases, something we all should do before making big decisions.
John d
(it is easy to understand why anyone would hold back personal details). Yet after all that several of you call the whole thing BS. What is your problem. The lady asked for general information to general questions, you are the one's who demanded more and when you got more you call it BS and complain about her answers. BoaterED my ass should be called "boater pissing contest" and new pissers need not apply as not many are going to listen to anything said or written by anyone new.
A very smart man once told me boring people all have one thing in common "they are poor listeners". He must have spent time reading post here as what he said fits. Give the lady a break listen a little she only asked for general information i do not think she wanted expert whitnesses for court testimony, she just asked for a few comments, I think she was just trying to cover all the bases, something we all should do before making big decisions.
John d