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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

In these days of modern communications, continued need for the Limitation Act is questionable. The theory behind the Act was that a shipowner who properly equipped and crewed a ship shouldn't be liable for something which happens when the ship is out of his control. Modern ships are seldom out of the control of their shoreside owners, but the Act remains a viable protection to them.

But, what about jet ski owners?

The Limitation Act doesn't just apply to large ships. It can be used to insulate a motorboat owner from liability when he loans his boat to another who then has an accident. Even jet ski owners have been able to successfully utilize the Limitation Act to insulate them from liability. Should this be permitted?

No, of course not. Consequently, most admiralty and maritime courts find that jet ski accidents are within the privity and knowledge of the owner because he decided who to entrust the jet ski to. It may be rough justice, but it works.