Wakeboard injury - responsibility???

Nevada

My husband injured his knee when he fell wakeboarding. My step-father knowingly exceeded the recommended speed for a beginner boarder. Where does the liability lie? We tried to help educate this man about proper towing safety, and speed recommendations, and asked him to keep the speed down. A sprain is one thing, but my husband is in a lot of pain, on disability pending an MRI and possible surgery. When we insured our PWC, we were advised about watersports insurance (if towing a skier/tuber). I do not believe my step-father has this insurance. My husband's medical insurance will pay for everything in full, but won't they want to go after the boat insurance? Should we just leave it alone, or ask my step-father to file w/his insurance?

your hubby assumed the risk by wakeboarding with an inexperienced driver and the injury is reasonable for the sport he was engaged in. you have no evidence that the injury was caused by excess speed. he could have been injured the same way at a lower speed, right?

since your hubby's medical bills are being paid in full, what more do you want from stepdad?

Thanks for the response. We are in uncharted teritory here, just wanted some opinions. Obviously if our medical bills are covered, we are not looking for monetary gain (however there is the difference between what disability pays, and what my husband's salary is, plus copays, and my unpaid time off of work for dr appointments, etc.). We do take some responsibility as the rider, inexperience, etc. But there is also great responsibility when towing a new rider. If you take lessons, you sign a waiver releasing the boat driver/company of liab, right? We can prove how fast he was going (there were witnesses, and the boat planes out around 25, which it was) and he has made several comments as to his "part" in the fall (like it's a joke). We have video of his wife yelling at him to slow down, my husband behind the boat constantly asking him to slow down (over two days). We were very clear about maximum speed on more than 2 occasions. A sprain is one thing, but now we're dealing with a torn ACL and surgery is on the horizon. This injury is frequent in the sport, but my husband is a new rider, not doing any tricks, just trying to stay up. He rode fine after step-daddy slowed down. The fall at a high speed contributed to the injury, which greatly impacts my husband's way of life, and could possibly threaten his career. The point is, listen when someone tells you something, and don't do the opposite just because you think you know better, and, "No one is going to tell me how to drive my boat." That is not only negligence, but ingnorance. Boating and water sports are very serious activities, all procautions should be taken to ensure everyone's safety. Sometimes people "get it" only when they are hit hardest, in their pocket book.

Your hubby had the final say in the matter. If he felt the speed was too fast, all he had to do was let go of the rope. It is called mitigating the damages. Your hubby didn't, he continued to ride the wake board on 2 different days and he continued to hold the rope when he could have let go. By doing so he assumed any and all risks associated with the activity. You can either throw a bunch of money at an attorney or accept it as one of those things, doodoo happens.

"my husband behind the boat constantly asking him to slow down (over two days)."

Your hubby knew stepdad would not listen yet he continued to allow him to drive the boat.

racer72 said:

Your hubby had the final say in the matter. If he felt the speed was too fast, all he had to do was let go of the rope. It is called mitigating the damages. Your hubby didn't, he continued to ride the wake board on 2 different days and he continued to hold the rope when he could have let go. By doing so he assumed any and all risks associated with the activity. You can either throw a bunch of money at an attorney or accept it as one of those things, doodoo happens.

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The injury happened on the final day. He had been letting go of the rope, but this time he had no chance. The rider cannot let go when he is no longer in control. He only rode one time after that before he got out of the water, which with proper speed, he was up for a good 5 minues, and let go without injury. His knee didn't start bothering him until about 1/2 hr later. I think we all can go around and around about this. I'm uncomfortable with pursuing a lawsuit, but my husband is in a lot of pain, can barely walk, cannot sleep...he's the one that's going to have his knee cut open, and won't be able to work for some time. He's the one that cannot play with his daughter and is house bound. Tough to swallow when you're 28 years old, active, and take preventative measures to ensure you follow all guidelines to prevent injury. He had conversations with the man about towing and speed, which was acknowledged. He has every right to be angry. Bottom line - the driver of the boat admittingly exceeded recommended and requested speeds because he's a twit. Doodoo does happen, and he's going to have to clean it up this time.

stephenk said:

"my husband behind the boat constantly asking him to slow down (over two days)."

Your hubby knew stepdad would not listen yet he continued to allow him to drive the boat.

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He acknowledged the speed request. If he wasn't going to listen, he shouldn't have agreed to tow my husband the final day (when the injury happened).

Oh Yeah....

Step-daddy is going around telling the story of how he saw my husband take a "big spill." Hmmmm...if he was supposed to be driving the boat, how did he see the fall? He's supposed to remain forward making sure the speed remains even and that the path of the boat is clear. Any slight adjustment in steering or speed can cause the boarder to go down without warning. Watching the boarder/skier is the crew's job. It is not our responsibility to educate a boat owner how to drive and tow. If he wasn't comfortable, he shouldn't have agreed to tow. In my opinion, he assumed liability at that point. Safety of the skier should be priority #1.

I agree with everyone else, except OP. Then you even state that after driving too fast, your hubby rode again at a lower speed and did fine. It wasn't until after the lower speed time did he start having problems. You would never be able to prove which one it was on that he got hurt. Common sense says the last one. I know from riding, that I much prefer being pulled faster as the drag is very hard on you and very pulling. It could be from the slower ride that he 'pulled' stuff. I also know from driving/pulling riders, thatother conditions can come into play and I don't think the speed you mentioned was that bad, depending on the several other factors, maybe was right to begin with and your hubby's novice skills is what caused the accident. I say, (to quote IAAL), "stop looking for deep pockets. " You aren't owed anything. Welcome to the real world.


edit to say, I can also not imagine the circumstance that would make him not be able to let go of the rope.

First of all, the pockets don't go deep with this one, it's a point we're trying to make. He had a part in it. We DO know which fall it was. My husband felt his knee pop. After that, the crew was so scared, the driver had no choice but to drive at a slower speed. He only rode once after the knee pop, he realized something was really wrong. The actual pop and pain/effects after are textbook knee injury symptoms.

All we are owed is an apology for the part he played in this. To date, that hasn't happened. My husband can be unreasonable (plus wanting to sue a family member???) but that's his right.

If he felt his knee pop, then why ride again. You would never convince anyone that your hubby was not at fault. Plus why didn't he let go of the rope if he thought it was too fast for his abilities. I think you may owe step dad an apology for being a whiner and wanting to sue him. It goes both ways. I don't see that you have anything legal.

djohnson said:

edit to say, I can also not imagine the circumstance that would make him not be able to let go of the rope.

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if he was supposed to be driving the boat, how did he see the fall? He's supposed to remain forward making sure the speed remains even and that the path of the boat is clear. Any slight adjustment in steering or speed can cause the boarder to go down without warning. - edit to say, take it easy on a new boarder!!!!

My husband didn't know the severity of his injury until he couldn't walk without mind-numbing pain. He's not a doctor; to make a diagnosis while still strapped to your board in the middle of the lake is not realistic.

If you're entire life came to a screaming hault, you would whine a bit, too. To put this to rest, sorry, but the boat owner has some liability when towing ANYONE OR ANYTHING. That's common fact, and research (which I have now done) proves that time and time again the the boat owner is liable. Why else do they offer special watersport insurance? My step-dad's stupid and ignorant comments (admitting some fault, and excessive speed) and actions are what will do him in, we don't have to do much but sit back and watch. The longer he goes without acknowledging his part in it, the more infuriated hubby gets.

Thank you everyone for your input!

Listen, if your entire life comes to a screeching halt over a hurt knee, then you (or hubby) have other issues. You can research if you like, short of step dad admitting partial fault to a judge, you have nothing. Your hubby is at fault, if his knee is so precious to his life, he shouldn't have tried a dangerous sport, especially with an inexperienced driver, especially not time and time again. You will get eat up in court. Good luck to you.

1. Your husband knew his father was going too fast, yet continued to wakeboard over a 2 day period.
2. Your husband felt his knee "pop", yet continued to wakeboard a second time after the injury.
3. Your husband is 28, an ACL tear is not going to make his life come to a "screeching stop".
4. You are supposed to be watching the road at all times when driving. Have you NEVER looked to the side? It is called Offensive driving, and scanning the area is appropriate to be vigilant for hazzards. It is not actionable for FIL to have looked over his shoulder to see his son fall. As a matter of fact, if you have ever driven a boat before while towing a skier/wakeboarder, you can feel the person being towed fall.
5. Your husband is acting like a child. He chose to continue to ride. An accident happened. He may not like the response from his father, but he bears culpability in the situation.
6. You are ignoring all the advice being given to you because you are defending your husband's actions. EVERY response has agreed that your husband has no case, and he must file with his insurance and be done with it.
7. You/husband do not like the response from FIL? Call him up and tell him you are unhappy about his actions and you would like an apology and until you receive one you will no longer be talking to him.

Case closed.