Florida Jet Ski Accident Attorney

Our Leading Maritime Law Firm Represents Injury Victims After Jet Ski Accidents

The top-rated Jet Ski accident attorneys at Lipcon, Margulies & Winkleman, P.A. in Miami, Florida, have extensive experience advocating for victims’ rights. Since opening our doors in 1971, we have consistently recovered the maximum compensation available for our clients for more than 50 years. Collectively, we have recovered over $450 million and are proud to have 16 maritime and personal injury attorneys working at our eight office locations across the United States.

With multiple accolades and awards, including four of our Jet Ski accident attorneys being named to “Best Lawyers” ® in America, and Lipcon, Margulies & Winkleman, P.A. having been selected to “Best Law Firms” ® by US News & World Report for nearly a decade, our Miami-based firm has the unique training and experience needed to win. Whether you or someone you love suffered catastrophic injuries in a jet ski accident, our unparalleled success as litigation attorneys gives us the confidence needed to secure a successful outcome.

Although suffering devastating injuries in a jet ski accident can be overwhelming, with our Miami firm on your side, you can heal while we investigate the cause of your accident and determine the best course of action to make the at-fault party pay. Continue reading to learn more about how our jet ski accident attorneys in Florida are an invaluable resource when you have suffered severe injuries and what to expect from the claims process. Contact our Miami office as soon as possible for a free consultation and start to take back control of your life. We have successfully handled numerous jet ski injury cases, so we have the experience and expertise you need to win your case. 

The Benefits of Having Lipcon, Margulies & Winkleman, P.A. Represent You

With an attorney from our Miami office, you can rest assured that you have a strong advocate in your corner. You can rely on our track record of favorable results, reputation for excellence, and years of experience in maritime law.

Our Results in Personal Watercraft Accident Cases

We have recovered over $450 million on behalf of our clients. If you are looking for an experienced, proven, and aggressive jet ski accident attorney in Miami to represent your case and fight for the damages that you are rightfully entitled to, then look no further than the decorated team of attorneys at our maritime law firm.

While results in other cases won’t impact the results of your case, they best demonstrate our abilities and experience.

Award-Winning Personal Watercraft Accident Attorneys

We have worked hard to build a reputation of trust, experience, and integrity. Our cases and attorneys are regularly featured on national television and other major media outlets. When major news networks like ABC, CBS, CNN, NBC, and FOX need an attorney analyst to talk about maritime accidents, they frequently reach out to Lipcon, Margulies & Winkleman.

Our attorneys are nationally recognized for their knowledge and skills. All four of our named partners have been recognized as “Best Lawyers,” and our attorneys have received numerous other awards and honors.

Jet Skis Pose a Serious Safety Risk

The light weight and small size of these motorized vehicles allow them to move more quickly, reach much higher speeds, and travel to places other boats cannot fit. Injuries from accidents can be more severe. With the potential to cause significant damage to your spinal cord, head, and limbs, jet ski accidents can stem from a variety of reasons including:

• Poor instruction
• Unsafe conditions
• Poor weather conditions
• Defective machinery
• Poorly maintained equipment
• Overcrowding
• Hazardous water conditions
• Lack of supervision
• Lack of proper training
• Excessive speed

If you have experienced an accident while on a jet ski, or if a personal watercraft rider caused harm to you or a loved one, reach out to a jet ski accident lawyer in Miami — sooner rather than later. You may be eligible for compensation, and a legal professional can help determine if you should move forward with legal action.

Obtaining Compensation After Miami Jet Ski Accidents

To get compensation for your jet ski accident, you must first show that someone else’s negligence caused the accident. This requires you to prove four elements.

Duty

Everyone who operates a jet ski has a legal responsibility to exercise reasonable care to protect you from harm. Those who operate personal watercraft and boats have a duty to use reasonable care not to injure others around them. Manufacturers have a duty to create products that are safe and free from defects. Personal watercraft rental companies in Florida have a statutory duty to provide proper safety instruction to renters.

Breach

Once you have established a duty, you need to show that the defendant breached that duty. For example, personal watercraft operators may breach their duty by failing to follow safety instructions, drinking alcohol, or speeding. A manufacturer may breach its duty by selling a product that is poorly designed, has a defective component, or doesn’t come with proper safety instructions. A rental company may breach its duty by failing to give you proper instructions or not properly maintaining the watercraft.

Causation

To prove causation, you have to show that your accident was caused by the defendant’s breach of duty. For example, you can’t sue the manufacturer for the rental company’s failure to properly maintain the vessel. And you can’t sue the rental company if the accident was caused by something the operator did (assuming the operator was properly instructed).

Causation requires that the accident or injury be reasonably foreseeable as a result of the breach. For example, if you decided to pull your boat up to the dock to avoid a reckless jet skier in your vicinity, and then you twisted your ankle climbing out of the boat, you probably can’t show that your injury was a foreseeable result of the reckless driving.  

Damages

Finally, you have to prove that you suffered a loss or “damages” as a result of the negligent conduct. Damages can include things like:

• Medical expenses,
• Lost wages,
• Property damage,
• Disability or disfigurement,
• Pain and suffering, and
• Loss of enjoyment of life.

You can document these damages with things like bills, wage statements, medical records, and expert testimony.  

If the defendant acted intentionally or with complete disregard for the consequences of their actions, you may also be entitled to punitive damages. These damages go beyond your actual losses and are intended to punish the wrongdoer for bad behavior. Punitive damages are very rare.

Challenges You May Face in Your Jet Ski Lawsuit

Trying to recover from a jet ski accident can pose some significant challenges. The insurance company will try to convince you that your claim is weak in an effort to minimize your damages. If they tell you that a liability waiver bars your claim or that your own actions contributed to the accident, you may believe you are simply out of luck.  But this is not always the case as there are exceptions to the enforcement of a liability waiver that must be considered.

Furthermore, the owner of the watercraft may file a Limitation of Liability proceeding which would attempt to limit the damages in the case to the value of the watercraft (which is nominal).

The jet ski attorneys at Lipcon, Margulies & Winkleman in Miami have many years of experience successfully handling precisely these types of cases. We understand the insurance companies’ tactics and how to respond to the arguments they may raise. We also understand how to navigate around the unique laws that exist that may work to limit the value of your case. We can advise you on how these and other obstacles affect your case.

Liability Waivers

To rent a jet ski, many establishments in Florida require you to sign a waiver indicating that you understand the risk associated with recreational personal watercraft use. The waiver may free the rental company of any accident liability. While you cannot be forced to sign a waiver, the rental company will likely forbid you from using their equipment without your signature. Importantly, these waivers are NOT always enforceable.

If you have been injured in a jet ski accident, it is important to consult with a jet ski accident lawyer in Miami, even if you signed a rental waiver. It is possible that you can still take legal action to receive compensation after your accident. For example, if your claim is based on the rental company’s failure to provide proper instruction, their attempt to waive liability may be barred by public policy.

The legal team at Lipcon, Margulies & Winkleman, P.A., understands the rules and exceptions for liability waivers. We will review your waiver and evaluate your options for legal action against the rental company.

Comparative Negligence

In Florida, every person who shares any fault for an accident is liable to pay damages proportionate to their fault. This means that if you were partially at fault for your accident, your damages award will be reduced by the percentage of your fault. For example, if you were 20% at fault, you can recover 80% of your damages. The insurance company will try to play up your degree of fault to avoid paying. But with an experienced attorney on your side, you can use the evidence to minimize your fault and maximize your damages award.

How to Avoid Suing the Wrong Party

In personal watercraft accidents, it is common for more than one party to be at fault. You may have claims against the manufacturer, operator, rental company, or anyone else who contributed to the accident. If more than one party is responsible, they will be required to pay based on their percentage of fault.

Because so many parties can have a hand in a jet ski accident, your case will likely require investigation to discover who is truly responsible. Our attorneys in Miami can help you identify all the at-fault parties to increase your chances of obtaining the full compensation you deserve.

Time Limits

Maritime law generally gives you three years from the date of your jet ski accident to file a lawsuit, but there are certain situations where you may have as little as one year to file your case from the date of the incident. If you file after that, the court will dismiss your case. It is important to contact our jet ski attorneys in Miami as soon as possible after an accident so that we can help you comply with all deadlines. If you think the statute of limitations has expired in your case, we can help you determine whether any exceptions might apply.

Frequently Asked Questions About Jet Ski Accidents and Jet Ski Accident Lawsuits

The following are some of the questions that you and your jet ski accident attorney in Miami will work through over the course of your case, and some which can be answered during your initial consultation after providing some specific details about your accident and subsequent injuries. The following questions and answers are not meant to be interpreted as legal advice and are simply intended to give you an overall sense of how these questions can be answered. Contact us as soon as possible for your initial consultation, where you and your jet ski attorney can set the groundwork for answering these questions and fighting for the compensation that you are rightfully owed.