Martin v. Derrach

In Personal Injury and Maritime Law on (Updated )

This was a claim for personal injury damages arising out of a water skiing accident. The Plaintiff was being towed behind the Defendant’s Jet Ski when she collided with an anchored boat and severely injured her right leg. Although there was no spotter aboard the Jet Ski, the parties agreed that the absence of a spotter was not causative. The Court held that the Jet ski driver clearly had a duty to take reasonable care for the safety of his skier and that this duty required he drive safely and on a course in which the skier would be safe from collision. The Court, however, found that the driver had done so and that the collision was caused by the skier deliberately choosing to ski a path in close proximity to the anchored power boat. In result, the action was dismissed.