Should we require friends to sign some type of waiver before being allowed to ride our jet skis?

UPDATED: May 21, 2009

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Should we require friends to sign some type of waiver before being allowed to ride our jet skis?

An 18-year old friend broke his nose when he fell off our jet ski while riding with our nephew. We had to file a claim on our jet ski insurance to cover the 20% his insurance did not pay. Would a signed waiver have protected us from this?

Asked on May 21, 2009 under Personal Injury, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Whether a waiver would work depends on so many factors -- including the wording of the waiver, what was disclosed or not disclosed about the risks, the parties' experience with the jet ski, knowledge of the nephew's skill level, what caused the accident, your state's laws, considerations of public policy,  etc. that no one can really give you a definitive answer.

In most circumstances there would be no liability to a passenger on a jet ski you own absent fault on your part. In the set of circumstances you describe it is hard to see how YOU were negligent if there was an accident you had played no part in.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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