Water sports like tubing and water skiing are lots of fun and have become inherently associated with recreational boating. But participants and boat operators shouldn’t overlook the importance of safety procedures or fail to use responsible judgement while engaged in these activities. Unsafe actions, dangerous driving or failure to notice a problem can lead to tubing or water skiing injuries or death and quickly turn fun and excitement into tragedy.
Boat operators hold the most responsibility for ensuring tubing and water skiing injuries don’t happen. Before skiers or tubers even get in the water, boat operators are responsible for making sure equipment and safety gear are in proper order and that all the necessary safety gear is present and being used as required by Michigan boating laws by participants. Boat operators must make sure there are sufficient people aboard the boat to operate safely, including someone to watch the skiers or tubers while the operator drives the boat. The boat operator is also responsible for driving safely and avoiding obstacles and hazards that pose a danger to skiers and tubers, including watching out for other boats and swimmers.
However, not all the responsibility falls on the boat operator’s shoulders. Skiers and tubers should not take unnecessary risks and should watch out for dangers as well as signals and communications from the boat. Other boaters and swimmers need to be aware of where boats and skiers are on the water and avoid creating an unexpected hazard for others.
When tubing or water skiing injuries occur, it’s usually because someone wasn’t paying attention or was acting irresponsibly. When that happens, an injury claim must be filed with the appropriate insurance company in order to pay for the medical expenses and other damages suffered by the injured skier or tuber. The first step is usually to file a claim with the insurer of the boat that was towing the skier/tuber. If another boat, swimmer or someone else not involved in the skiing/tubing was at fault, the insurer of the towing boat may help the injury victim pursue a claim against the person at fault and any other applicable insurance companies. Or the insurer may deny the claim and the victim will be responsible for filing a lawsuit against the liable parties.
No matter how careful boat operators and swimmers are, careless skiers and tubers can still end up in accidents that injure themselves or others or result in damage to property. Failing to follow signalling from the boat or deciding to take dangerous risks can cause a person to crash into docks, other boats, swimmers or other obstacles and result in serious tubing or water skiing injuries. It could also result in damage to skis, boats, docks or other property.
When this happens, liability for injuries and property damage falls initially on the boat owner. That insurance company may then choose to sue the person or people who caused the accident.
Regardless of who’s at fault in a skiing or tubing accident, if the injuries are serious, most likely a lawsuit will be involved. Even if there is insurance that covers the accident, the insurance company may deny the claim, arguing that the circumstances don’t qualify for coverage. Or the insurer may pay the claim and then bring a lawsuit against the liable party in an attempt to recover the damages the company paid for the tubing or water skiing injuries.
A common scenario in tubing and water skiing injuries is for the injury victim to file a claim against multiple parties and let a jury sort out who is responsible for the damages. For example, an injured skier may file a lawsuit against the boat owner, the insurer of the boat, the boat operator (if different than the owner), and anyone else involved. If the boat or any equipment is rented or a business is involved in some manner, that business may also be named in the lawsuit.
The purpose of naming so many defendants in a skiing or tubing injury case is to ensure that the liable party is identified and that there are enough resources to pay for all the damages. When a serious skiing/tubing injury occurs, it is not uncommon for damages to exceed the amount of liability insurance on a single boat involved. Damages include not only medical costs, but also income lost to taking time off of work, pain and suffering, and potentially many more forms of damage both economic and noneconomic.
Many people who've suffered serious tubing or water skiing injuries don’t pursue injury claims out of the belief that such sports are inherently risky and the choice to participate in them means they are responsible for their own injuries. But when those injuries arise because someone wasn’t paying attention, following rules or using good judgment, the negligent individual is still liable for the harm he or she causes. Water skiing and tubing can be safe, fun activities when everyone’s using good sense and judgement. There’s no reason a skier or tuber should suffer the costs and damages of injuries caused by someone else.
If you’ve suffered serious tubing or water skiing injuries in Michigan, the personal injury firm of Sachs Waldman, P.C., can help you recover the cost of your medical care and other damages if the injuries were caused by someone’s negligence. We can also help keep insurance companies honest if they attempt to deny your valid claim. Not sure if you have a case? Come talk to us and we’ll help you evaluate your case. Call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.
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