Legal Question in Personal Injury in Virginia
PWC injury laws
If I were to own a 'Jet Ski' or PWC, if another person were to borrow it, and they were to become injured, could I, the owner, be held responsible for any injuries? The persons using the PWC would not be underage. Would it be wise for all users of the PWC to sign a statement holding me faultless for any injuries as a result of their use of the PWC?
2 Answers from Attorneys
Re: PWC injury laws
As long as it's not a PWC for hire, an oral cautionary note letting the prospective users know that he and she will use the craft at their own risk and that you will not be liable for any injuries which they may sustain or for damages which they may cause------should be sufficient.
Re: PWC injury laws
In Virginia, such written "disclaimers" are really wothless to protect yourself. You generally cannot immunize yourself from your own negligence in advance. On the other hand, an injured person would probably have to prove that the equipment was defective and you knew it at the time you let them use it in order to win a case against you.
Despite the fact the "waiver" is probably legally useless it may still be beneficial to have someone sign it because they don't know its legally a meaningless document.