Legal concerns when taking passengers skiing, tubing, etc.

Joined
May 3, 2015
Messages
8
Hello folks, I'm new to the forums.. I've been lurking an reading topics on the board for a little while and I bought my first boat a few months ago. I've taken family members out on it a few times since then, but I'm hoping to take some friends and possibly other people they know out during the summer to ski/tube.

I'm wondering if I should have my lesser known passengers sign any sort of waiver to protect myself in the event of an accident, or if thats unnecessary for me as an individual who is not accepting any payment. It would seem to me that under those circumstances a reasonable person would assume that they are accepting the risk of an injury from an accident with the excepting of negligent operation on me. I'm obviously not a lawyer though and I don't have experience with this sort of thing.

I don't even know if most boat operators even think about this.. I'm just hoping to get opinions from someone with experience with this sort of thing.
 

bruceb58

Supreme Mariner
Joined
Mar 5, 2006
Messages
30,454
You have boat insurance right?

I personally have a $500K liability limit on my boat insurance along with a $3 miilion dollar umbrella policy but it depends on the amount of asset or future assets you are trying to protect.

Forget any waiver. Just not practical. Even if you did have a waiver, you can still get sued and insurance will cover you for any defense.
 
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produceguy

Lieutenant Junior Grade
Joined
Sep 30, 2010
Messages
1,243
That's a hard one buddy. I couldn't imagine making someone signing a waver before they load the boat. Kinda funny really,
Doesn't insurance help with that kind of thing?
 

MTboatguy

Fleet Admiral
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Jul 8, 2010
Messages
8,988
Just make sure you have insurance on the boat, it covers you and things that could possibly happen to others. Really not that much difference if you take a buddy for a ride in your car.
 
Joined
May 3, 2015
Messages
8
Just make sure you have insurance on the boat, it covers you and things that could possibly happen to others. Really not that much difference if you take a buddy for a ride in your car.

I suppose you have a point there.. I hadn't thought of it that way, but its worth pointing out that towing a person behind a boat is a bit more risky than driving down the road with a passenger. I do have full coverage through Progressive, but I don't know that I have as much coverage as some of the other posters. I guess I should look into increasing my coverage.
 

bobdec

Petty Officer 2nd Class
Joined
Aug 12, 2010
Messages
170
You are most likely libel for any injuries with or w/o a waver. Talking with my agent they were involved in two death claims the past couple of years on local lakes (one a tubing incident). Both near, or over, the 1 million $ range (no details provided) . Read policy carefully (environmental cost of fuel spill, sinking, salvage, scratching another boat, etc., Also I don't want to open a can of worms but think twice before throwing a line to a disabled boat. A lawsuit may come down to who's line you were using if it snaps causing injury. Your libel for damages or injury to anything or anyone your towing.
 

H20Rat

Vice Admiral
Joined
Mar 8, 2009
Messages
5,199
As long as money isn't changing hands, good samaritan laws generally offer protection from towing. Even if the state doesn't have good samaritan laws in place, judges are usually very unlikely to side against the plaintiff in those cases. (barring negligence and gross negligence) I have no problem throwing a rope out to people, and expect others to do the same. (many states have laws REQUIRING you to render assistance while on water, although that doesn't mean towing)

Don't ever, ever, charge someone for anything while on the water!!
 
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UConnMRB

Petty Officer 2nd Class
Joined
Jul 18, 2014
Messages
119
If you are really worried about liability, get an umbrella policy, like Bruce mentioned. Most insurance companies write a 1 million, 3 million or 5 million dollar umbrella. That will extend over everything...your home insurance, boat insurance and auto insurance. They are usually pretty cheap, around a few hundred dollars a year depending on your risk. Just make sure each of your underlying polices have the necessary liability, but your agent or insurance company can make sure they do. If you are ever sued for liable actions, your insurance company will pay for your defense and pay the settlement (most times the cost of defense does not count against your limit of liabilty). I am a licensed agent in all 50 states, so if you have any questions, just ask.
 

jkust

Rear Admiral
Joined
Aug 2, 2008
Messages
4,942
My thought is that anybody with assets to protect in this litigious country has thought about it. As mentioned above, it isn't practical or even effective to go the waiver route. An umbrella, which I believe follows your auto writer, to manage the risk and cede the liability is the way to go. My bet is that you take more risk on giving three of the kids' friends a ride in the car carpooling far more frequently than tubing.
 

tpenfield

Moderator
Staff member
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Jul 18, 2011
Messages
17,620
Yes, insurance . . . and check to make sure that it covers water sports, as some policies do not. That is your form of financial protection. If you can bundle the boat into an umbrella policy, that is even better, as many insurance policies only go to $500K, which is not much in the more severe incidents.

Beyond that, common sense and caution is your best form of protection . . . not only for what you do, but being mindful of the other boaters that may be in your area. Good instruction to the water sports participants and reasonableness of speed and boat handling. . . all those sorts of things make a difference and can keep a fun day just that.
 

moosehead

Chief Petty Officer
Joined
May 29, 2012
Messages
437
+1 to tpenfield's comments. Insurance, common sense, caution. As Captain, you are responsible for the well being of your crew and craft.

As for good Samaritan laws, being a good Samaritan is also common sense. Whenever possible, and within reason, try to help out others in need on the water. Yes, there are exceptions, but even boneheads need a hand sometimes (could be me).
 

skibrain

Senior Chief Petty Officer
Joined
Jun 17, 2004
Messages
766
Yes, check insurance policy.

My concern wouldn't be first for legal liability if something happens, but getting training and tips to avoid accidents in the first place. Sounds like you are a cautious/contentious person, but if you are new to boating and towing watersports I would recommend finding someone that is experienced and learn some tips. Practice drills for starting a skier. Driving at a steady speed. Towing people within the limits of their capability. Knowing that a tube attached to the boat is at the mercy of your good or bad driving. Retrieving a fallen skier or tuber. Maneuvering boat at low speed. Turning off engine whenever you are around someone in water. How to deal with water sports and other boat traffic. Etc.

Be safe out there!
 
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