Sea-Doo and Jet Ski Passenger Injury Claims in Ontario

A passenger injured on a Sea-Doo or jet ski in Ontario can bring a claim if unsafe operation caused the injury. The passenger does not control the speed, turns, route or decision to cross a boat wake. When the person driving the personal watercraft ignores those risks, a short recreational ride can result in a serious injury claim.

Passengers can be thrown from a Sea-Doo during a sudden turn, rapid acceleration or impact with a wake. Others are injured when the watercraft collides with a boat, dock or shoreline hazard. With no passenger compartment, restraint or physical protection, the person riding behind the operator can suffer fractures, head injuries, spinal injuries, internal injuries or drowning-related harm.

Foster Injury Law can represents people and families dealing with serious watercraft injuries across Ontario. Learn more about claims handled by our Ontario boating accident lawyers.

Can a Passenger Injured on a Sea-Doo Sue in Ontario?

Yes. A passenger can pursue compensation if the Sea-Doo or jet ski operator failed to use reasonable care and that failure caused the injury.

A passenger is not agreeing to reckless riding simply by agreeing to go out on the water. There is a difference between the ordinary movement of a personal watercraft and an operator driving in a way that exposes a passenger to an unnecessary risk of being thrown off or seriously hurt.

The facts usually matter more than the label placed on the accident. An injury claim could arise when the operator:

• accelerates or turns aggressively with a passenger on board;

• repeatedly drives through wakes or rough water at speed;

• ignores a passenger asking them to slow down or stop;

• collides with another vessel, dock or fixed object;

• operates while impaired or distracted;

• carries a passenger in conditions where the ride could not be conducted safely.

A passenger who is badly injured after being thrown from a Sea-Doo should not assume there is no claim simply because there was no collision with another boat.

Ontario Jet Ski Passenger Injury Case: Hennessy v. Tyson

An Ontario Superior Court decision illustrates how serious a passenger-ejection injury can be.

In Hennessy v. Tyson, 2022 ONSC 6194, the plaintiff went for a ride on a Yamaha jet ski with her daughter and the defendant operator. During the ride, the defendant drove in circles. After the plaintiff asked him to slow down and stop the circles, she and her daughter were thrown into the water.

They climbed back onto the jet ski. The defendant later drove toward the wake of a large fishing vessel. The plaintiff asked him to stay away from it. Instead, he drove into the wake at approximately 60 km/h. The plaintiff was thrown into the water again and suffered three fractured ribs and a punctured lung, together with continuing psychological effects.

The defendant did not file a statement of defence and was noted in default. The court therefore assessed damages on the basis that the material factual allegations of negligent operation were admitted, rather than deciding liability after a defended trial. The court assessed damages at $129,939.19, together with pre- and post-judgment interest, and awarded $32,000 in costs.

The decision is useful for injured passengers because the injury did not cause a collision between two vessels. It resulted from the way the jet ski was being operated with a passenger on board.

Thrown From a Sea-Doo After a Turn or Boat Wake

A passenger-ejection case is usually about what happened in the seconds before the passenger entered the water.

Personal watercraft respond quickly to acceleration and steering. A passenger seated behind the operator can have very little warning before a sharp turn or sudden increase in speed. Crossing a wake can be equally dangerous where the operator takes it too quickly or tries to make the ride more exciting without considering the passenger’s safety.

A passenger thrown at speed can strike the water with substantial force. The resulting injuries are not limited to bruises or soreness. Rib fractures, shoulder injuries, spinal cord injuries, head trauma, internal injuries and loss of consciousness can occur without the Sea-Doo ever striking another object.

In these cases, relevant evidence includes whether the operator was riding aggressively, whether other people saw the ride, whether the passenger asked the operator to slow down, if alcohol was involved, whether the water was crowded or rough, and whether the operator continued after the passenger had already fallen once or expressed concern.

A passenger does not need to prove that riding on a Sea-Doo was risk-free. The issue is whether the operator created a preventable danger by the way the watercraft was driven.

What Makes a Sea-Doo Operator Responsible for a Passenger Injury?

Sea-Doos and jet skis are personal watercraft, but they are also vessels. Their operators owe a duty to use reasonable care for the safety of passengers and other people on the water.

The federal Collision Regulations require vessels to maintain a proper lookout and travel at a safe speed. Those rules can be relevant where a passenger injury results from a collision, an operator travelling too quickly for surrounding conditions, or a failure to respond to boats, wakes, docks or other hazards.

A passenger claim does necessitate the operator having been charged by police or a marine unit. A civil claim focuses on whether the operator’s conduct caused the injury. The operator’s account can be tested against witness evidence, photographs, video, the condition of the Sea-Doo, police or emergency records and the passenger’s description of what occurred before the fall.

Some passenger injuries are genuine accidents that could not reasonably have been prevented. Others happen because the operator was trying to show off, travelling too fast for the conditions or treating the passenger’s safety as unimportant.

What if the Passenger Was Injured on a Rented Sea-Doo?

A passenger can also be injured on a Sea-Doo rented from a marina, resort or waterfront rental business. The operator of a rented motorized pleasure craft can rely on a completed rental boat safety checklist as proof of competency during the rental period, provided the federal requirements are satisfied. The renter and rental agency must complete and sign the checklist before the rented watercraft is operated.

The checklist must confirm that every person who will operate the watercraft received information about its operation, the principal boating safety rules and the geographic hazards in the area where it will be used.

That process can become important where a passenger is injured. A marina or resort can know that a particular route takes inexperienced riders into heavy boat traffic, that rocks or shallow areas are difficult to see, or that riders need clear instruction before carrying passengers on a PWC.

After a serious passenger injury involving a rented Sea-Doo, the rental agreement and safety checklist should be obtained early. They can help establish who rented the PWC, who was expected to operate it, what instruction was provided and if the business identified relevant hazards.

A rental business is not responsible simply because a renter later causes an accident. However, its conduct requires examination where it failed to complete the required safety process, provided an unsafe PWC, failed to warn about known hazards or allowed the watercraft to be used by someone plainly unfit to operate it safely.

Learn more about liability in commercial boating injury claims.

What if the Sea-Doo Operator Was a Friend or Family Member?

Many passenger injuries happen on cottage weekends or family outings. The person driving the Sea-Doo is often a friend, relative or host rather than a stranger.

That does not prevent an injury claim. If someone has suffered a serious injury, the practical issue is commonly whether insurance is available to respond to the loss, not whether the injured passenger wants to pursue the operator personally.

A passenger dealing with broken bones, surgery, amputations, neurological injury, time away from work or long-term treatment should not avoid investigating a claim simply because they knew the person operating the PWC. The operator’s identity, the Sea-Doo owner and any applicable insurance should be identified promptly.

Does the Marine Liability Act Apply to a Sea-Doo Passenger Injury Claim?

A Sea-Doo or jet ski passenger injury claim can raise issues under the federal Marine Liability Act. In a serious injury case, a defendant can attempt to rely on marine liability limits that affect the amount recoverable.

That issue can be particularly important if the passenger suffered permanent injuries, requires long-term treatment or cannot return to their previous employment.

Our separate article explains the Marine Liability Act claims in Ontario in more detail.

What Evidence Matters After a Serious Sea-Doo Passenger Injury?

Evidence usually disappears quickly after a personal watercraft accident. A privately owned Sea-Doo can be repaired or used again. A rented PWC can be returned to service. Witnesses can leave the lake, cottage or resort before anyone records their contact information.

After a serious passenger injury, important evidence includes:

• photographs or video of the Sea-Doo and the location where the injury occurred;

• the name of the operator and owner of the PWC;

• available insurance information;

• any rental agreement and rental boat safety checklist;

• witness names and contact information;

• mobile-phone video or photographs taken by people nearby;

• police, marine-unit, ambulance or hospital records;

• repair, inspection or maintenance records for the watercraft.

If the condition of the Sea-Doo is a problem, it should be preserved before repair or further use. In serious injury claims, the physical condition of the PWC can be important to understanding how the passenger was thrown or whether another explanation for the accident is plausible.

Speak With an Ontario Boating Accident Lawyer

A passenger thrown from a Sea-Doo or jet ski can sustained serious injuries because of a single unsafe decision by the operator. The claim can require investigation of how the PWC was being ridden, whether the passenger objected to unsafe operation, whether the watercraft was rented, what insurance is available and whether marine liability limits affect recovery.

Foster Injury Law's personal injury lawyers represents people and families across Ontario in serious boating and personal watercraft injury claims.

If you or a family member was seriously injured as a passenger on a Sea-Doo or jet ski, contact our Ontario boating accident lawyers for a free consultation. We act on a contingency fee basis, meaning you do not pay legal fees unless we successfully resolve your claim.

Written by Lane Foster, Personal Injury Lawyer

Frequently Asked Questions

Can a passenger sue after being thrown from a Sea-Doo in Ontario?

Yes. A passenger can bring a claim where unsafe operation caused them to be thrown from the watercraft or otherwise injured. In Hennessy v. Tyson, the Ontario Superior Court assessed damages at $129,939.19, together with interest, after a jet ski passenger suffered serious injuries when she was thrown into the water. The defendant had been noted in default.

What if I was injured when the Sea-Doo crossed a boat wake?

A passenger can have a claim where the operator crossed a wake unsafely, travelled too quickly for the conditions or ignored a request to avoid the wake or slow down. The operator’s conduct immediately before the passenger was thrown is important.

Can I make a claim if the Sea-Doo operator was my friend or family member?

Yes. A personal relationship does not prevent a claim. In a serious injury case, available insurance should be investigated promptly.

Can a rental company be responsible if I was injured as a passenger on a rented Sea-Doo?

Potentially. The investigation should consider whether the rental business completed the required safety process, properly instructed the operator, supplied a safe PWC and warned about known hazards in the area where it was being used.

Does the Marine Liability Act apply to Sea-Doo passenger injuries?

It can. A personal watercraft passenger injury claim can raise federal maritime-law issues, particularly in serious injury cases where a defendant attempts to rely on a liability limit.