Wakeboard injury - responsibility???

[junebug48]

Thank You!

 

[junebug48]

Listen, if your entire life comes to a screeching halt over a hurt knee, then you (or hubby) have other issues.

Now was that really necessary? I never said he was devistated, just really upset, thinking about how he's going to be able to provide for his family if he cannot do his job anymore. He has 10 years in at a good company where he's in and out of a truck all day. Lucky for that job - we will have no med bills for this injury. If the knee does not fully recover, he becomes expendible at work. He's scared. It's normal for fear to turn to anger. This situation really sucks and he has to get his bearings and make big adjustments, which some people are not very good at. But I never said his life is over.

THANK YOU for all those who gave advice. We will be prepared for whatever comes our way.

 

[djohnson]

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!

This is your statement, not mine.

 

[junebug48]

Read what I said....

This is your statement, not mine.

Originally Posted by djohnson
Listen, if your entire life comes to a screeching halt over a hurt knee, then you (or hubby) have other issues.

I know what I said, but what I was commenting on was your statement that we have other issues if a knee injury is a big deal. That's a personal attack. As I appreciate all the legal comments and facts (I assume everyone knows what they are talking about, otherwise they wouldn't be posting advice on this website), please realize that when you make unecessary comments like that you lose your credibility. People come here for answers, not to be judged. We're not all legal professionals, face it, we're the general public. I don't attack your legal opinions or skills, so don't attack my personal life (something you do NOT know about).

 

[djohnson]

I am not personally attacking your personal life. I am stating a fact. You are the one that stated that this knee injurym which allowed him to continue to wakeboard for 30 minutes, has now made his life come to a sceeching halt. The FACT of that is pitiful if true. It sounds (in a professional opinion) like a made up statement in order to milk someone out of funds because husband is taking advantage of the situation. You may take it personally, you know how the saying goes up barking the loudest, if you like. The FACT is when someone is use to seeing this on a regular basis, they become pretty familiar with the type people they are dealing with from the statements that are made.

 

[Shay-Pari'e]

I took interest in this post a when you posted it, as we own a performance wake sport boat. What you have been told is correct.

My insurance is on the boat/trailer. You assume the risk when you get the board on. There is no exact speed for pulling a rider, nor can a boat be controlled to do a certain speed.

In order to pull a rider up, you need to floor it, then you need to plain out. There are also the conditions of the lake/river...whatever to be taken into account.

Your husband assumed liability when he got on the board. Had the boat run over him, that would be a different story.

 

[Happy Trails]

Junebug48, I have a sister-in-law that went water skiing on a weekend with her boss and other co-workers. The boss was driving the boat and screwing around and it resulted in her falling and breaking her leg.

The boss's insurance company covered all her medical bills and she received $16,000 to boot. The settlement, however, was given because they thought there was permanent nerve damage. Fortunately for her the doctor was wrong.

 

[Shay-Pari'e]

Junebug48, I have a sister-in-law that went water skiing on a weekend with her boss and other co-workers. The boss was driving the boat and screwing around and it resulted in her falling and breaking her leg.

The boss's insurance company covered all her medical bills and she received $16,000 to boot. The settlement, however, was given because they thought there was permanent nerve damage. Fortunately for her the doctor was wrong.

So she simply wiped out skiing, and she got a settlement? Sorry, but I don't buy it.

 

[Happy Trails]

It's the honest truth, the driver was negligent and his insurance company paid.

 

[junebug48]

I am not personally attacking your personal life. I am stating a fact. You are the one that stated that this knee injurym which allowed him to continue to wakeboard for 30 minutes, has now made his life come to a sceeching halt. The FACT of that is pitiful if true. It sounds (in a professional opinion) like a made up statement in order to milk someone out of funds because husband is taking advantage of the situation. You may take it personally, you know how the saying goes up barking the loudest, if you like. The FACT is when someone is use to seeing this on a regular basis, they become pretty familiar with the type people they are dealing with from the statements that are made.

My original post was asking if anyone knew where the responsibility lies and if my step father should notify his insurance company. That would seem like the responsible thing to do. If you are used to seeing this on a regular basis, one would think you would read the entire thread before passing judgement.

You know the saying, "Keep it simple, stupid?" A simple, "You have no case" goes a lot farther than basically calling people ambulence chasers and whiners. I never said he continued to wakeboard for 30 minutes, I said he didn't realize the extent of the injury (from a specific fall) until he was out of the water. I don't really need to make up any statements, because I know what the FACTS are. Whether or not we can prove to you or a judge that there was some negligence on behalf of the boat driver doesn't really matter...we know there was because we know him, he's an idiot. The fact that my husband trusted this idiot enough to get behind his boat, well....hey, you live and learn, right? I was asked additional questions, which I answered in an effort to see if we even had ground to stand on. The legal minds of this website gave me valid points to consider. If we were after money, the lawsuit would already be filed.

Have a great day!

 

[junebug48]

I took interest in this post a when you posted it, as we own a performance wake sport boat. What you have been told is correct.

My insurance is on the boat/trailer. You assume the risk when you get the board on. There is no exact speed for pulling a rider, nor can a boat be controlled to do a certain speed.

In order to pull a rider up, you need to floor it, then you need to plain out. There are also the conditions of the lake/river...whatever to be taken into account.

Your husband assumed liability when he got on the board. Had the boat run over him, that would be a different story.

Thanks for your response. I agree there is no way to keep the boat 100% controlled, but there are recommended speeds and techniques for pulling wakeboarders. Waterskiing is different. I'm not going to argue the point again, I was simply trying to get some educated opinions on our situation.

 

[junebug48]

So she simply wiped out skiing, and she got a settlement? Sorry, but I don't buy it.

Totally true, I've seen a lot of stories online about the responsibility being the boat owners. That's why I started this thread. I even saw one where a gal sued her friend because she broke her leg trying to get up on the first try. Then she said she had no chance to pull out of the bindings because he had helped her into them, and they were too tight. Whether it's right or not, she won.

 

[Shay-Pari'e]

Thanks for your response. I agree there is no way to keep the boat 100% controlled, but there are recommended speeds and techniques for pulling wakeboarders. Waterskiing is different. I'm not going to argue the point again, I was simply trying to get some educated opinions on our situation.

This is where the problem lies. We as boat owners are not required under law to take a class on how to pull riders. I know how to pull a boarder/skiier. This is all common sense and learning how to operate your boat.

Honestly, I'm sorry your husband wiped out, but the liability is on him, not the owner of the boat. AGAIN!!! Had he run over your husband and killed him, that would be a cause for action.

He was not negligent pulling your husband up,.............He is not a caption of a cruise ship.

Good luck to you both.

 

[junebug48]

Good luck to you both.

THANK YOU!

 

[Happy Trails]

When my S-I-L received her settlement she had witnesses that verified the driver had driven recklessly. The insurance company investigated and she won (it didn't go to court).

From Nevada statutes.
NRS 488.400 Operation of vessel or manipulation of water skis or surfboard recklessly or while intoxicated or under influence of controlled substance prohibited.
1. A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
2. A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance, unless in accordance with a lawfully issued prescription.
(Added to NRS by 1960, 480; A 1971, 2031; 1973, 8; 1985, 343; 1987, 1554; 1993, 2237; 1995, 1723)—(Substituted in revision for NRS 488.205)

Read below about "comparative negligence":

http://www.courttv.com/archive/legalcafe/lifestyle/risk/assumption_background.html

Nevada is a "comparative negligence" state. However, you would have to find the boat owner more than 50% at fault. Read below pertaining to Nevada:

http://www.leg.state.nv.us/68th/95bills/AB520.TXT (Then go to NRS 41.141)

This link of interest can be helpful for any state that wants to know their state's boating requirements:

www.boat-ed.com