Admiralty jurisdiction applies in PWC accident

Posted on

A federal appeals court ruled recently that admiralty jurisdiction applies in a case involving injury from a personal watercraft accident that occurred on the navigable waters of Mission Bay, near San Diego.

The two plaintiffs in the case, who were passengers on the PWC, stated they were thrown from the watercraft because of operator negligence and suffered personal injury. Mission Bay Jet Sport the owner, but not the operator of the PWC sought limited liability in federal district court.

The passengers argued, however, that the waters involved were not used for commercial activity and that PWC operation was not a traditional maritime activity. The trial court ruled in favor of the passengers, holding that there was no admiralty jurisdiction over the incident.

However, the U.S. Court of Appeals for the Ninth Circuit reversed that ruling, holding that because the waters involved were within the ebb and flow of the tide, the location test for admiralty jurisdiction was satisfied.

Click here to read the full opinion.

Welcome to TradeOnlyToday’s premium content! To continue reading, please register now, for access to 10 free stories per month. Or subscribe, for unlimited access to all TradeOnlyToday content!

Click here to Register ... it's free!

Basic subscription: Registered members get free access to 10 premium content stories each month!

Not a member yet? Click here to Register!

Already a member? Click here to Login!

Subscribe ... for unlimited access!

Individual subscription: $29 for unlimited site access for one year.

Small Business subscription: $140 for unlimited site access for up to 10 members of a company for one year.

Corporate subscription: $300 for unlimited site access for all members of a company for one year.

You may close this dialog after seconds.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Comments are moderated and generally will be posted if they are on-topic and not abusive. For more information, please see our Comments Policy.

Vote Today

Did 2014 meet your sales expectations?

View Results

Loading ... Loading ...

Search Boats for Sale

Length
Year
Price

Login to Trade Only Today

Lost Password