We often write about personal watercraft rental and tour companies liability. Unlike most other rental businesses, the Florida legislator and Florida’s Fish and Wildlife Conservation Commission have imposed certain regulations requiring these companies to provide specific instruction to their customers before allowing them on the water. Penalties for violating such statutes including a finding that any pre-injury release and wavier of liability signed by the renter to be null and void and a finding that the rental company is presumably at fault for the accident. Recently, a Federal Court was asked to rule as a matter of law whether a personal watercraft rental and tour company’s alleged statutory violations rendered its pre-injury release and waiver of liability unenforceable and whether the company was to be presumed at fault for the accident resulting in two of its customers to be air-lifted to the hospital.
A mother and daughter paid for a Yamaha WaveRunner tour around Key West conducted by Sunset Waverunner Tours, Inc. Shortly after leaving the starting point, the daughter, with her mother in the passenger seat, drove the WaveRunner into a mangrove forest. The two suffered significant personal njuries and were medevaced to Jackson Memorial Hospital in Miami.