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Recreational injury · Jet skis

Injured on a hired or instructed jet ski in Queensland?

A jet ski hire or tour operator must take reasonable care with its machines, briefings and supervision, and with who it lets drive. There’s no CTP insurance on the water, so a claim is made against the operator, owner or driver. Claims start with a notice of claim, and strict time limits apply.

Start your case review 1300 529 529
  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.

The risk you took on, and the risk they created.

  • Spray and chop on open water
  • A wobble as you first take off
  • A faulty throttle or kill switch
  • No proper briefing before you set off
  • A driver who shouldn’t have carried passengers

A risk created by a failure to properly operate, maintain or care for equipment or an animal usually isn’t an obvious risk. (Civil Liability Act 2003 (Qld) s 13(5))

Time limits

Time limits can start on the day you’re hurt.

Most recreational injury claims start with a notice of claim. These are the deadlines, in order.

  1. 9months

    Notice of claim, or sooner

    Give Part 1 of a notice of claim within 9 months of the injury (or of first symptoms, if later), or 1 month after you first ask a lawyer to act for you and the party responsible is identified, whichever comes first. (PIPA s 9(3)) A late notice can still be given, but you must also give a reasonable excuse for the delay. (s 9(5))

  2. 1month

    Their first reply

    Within 1 month, they must say whether they’re the right party and whether your notice complies. (ss 10, 12)

  3. 6months

    Liability decision

    Within 6 months of a complying notice, they must say in writing whether they admit liability. (s 20)

  4. 3years

    Court action

    Generally within 3 years of the injury. (Limitation of Actions Act 1974 (Qld) s 11) For a child’s negligence claim, generally within 3 years after they turn 18. (s 29) Claims against a product maker, and some flight claims, have different limits that can run out sooner.

  • If it happened to a child

    A parent can give the notice of claim for a child. (PIPA s 9) A negligence claim can generally go to court up to 3 years after the child turns 18. Claims against a product maker, or for a flight, can have shorter limits that run during childhood, and the notice has the usual deadline.

  • No CTP on the water

    Boats and jet skis aren’t covered by the CTP scheme. (Motor Accident Insurance Act 1994 (Qld) s 4) A claim is made against the operator, owner or driver through the usual notice of claim. (PIPA s 9)

The obvious-risk defence

Three questions decide it.

For a dangerous recreational activity, there’s no claim in negligence for an injury from one of its obvious risks. (Civil Liability Act 2003 (Qld) s 19) Many injuries come from risks that aren’t obvious.

  1. Question 1

    Was it a dangerous recreational activity?

    An activity done for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm. A gentle ride or a beginners’ trail may not be one. (Civil Liability Act 2003 (Qld) s 18)

    If not, the defence doesn’t apply

  2. Question 2

    Was the risk obvious?

    One that would have been obvious to a reasonable person in your position. It can be obvious even if it couldn’t be seen. A risk created by poor operation or maintenance usually isn’t. (s 13)

    If not, the defence doesn’t apply

  3. Question 3

    Were you the one doing it?

    The defence only applies to the person doing the activity, not to spectators or bystanders. (s 19)

    If not, the defence doesn’t apply

All three must be true for the defence to apply. Even then, it only covers that obvious risk.

There’s also no liability for an inherent risk, one that can’t be avoided even with reasonable care. (Civil Liability Act 2003 (Qld) s 16) A failure to warn about it can still be a claim, but not usually if the risk was obvious. (s 15) Otherwise, a claim turns on whether reasonable care was taken, and whether that caused the injury.

“At your own risk” isn’t the last word.

Waivers and signs

Signed a waiver? It may not end your claim.

Queensland has no special law, like New South Wales has, that gives recreational waivers extra force. Whether a waiver stops a claim depends on whether it was part of your contract, what it clearly covers, who signed it, and consumer law.

  1. It has to be part of the deal

    Terms first shown after you booked and paid, like a form signed on arrival, may not form part of your contract.

  2. It’s read strictly

    If a waiver’s meaning is unclear, it’s read against the business relying on it.

  3. Some things can’t be signed away

    Consumer guarantees, like the guarantee that a service is provided with due care and skill, generally can’t be signed away. (Australian Consumer Law s 64) For recreational services, a waiver can limit them for personal injury, but never for a significant injury caused by reckless conduct. (Competition and Consumer Act 2010 (Cth) s 139A)

  4. A child’s claim is their own

    A parent’s signature generally can’t sign away a child’s own claim.

How it happens

How people get hurt on jet skis.

Speed is part of the ride. But a risk created by poor maintenance, or by how a machine was operated, usually isn’t an obvious one. (Civil Liability Act 2003 (Qld) s 13(5))

  1. Collisions

    With another jet ski, a boat, a jetty or a swimmer, often in a crowded hire area.

  2. A machine that fails

    A stuck throttle, a kill switch that doesn’t cut the engine, or steering that fails.

  3. No proper briefing

    Riders sent out without being shown the controls, the area or the rules.

  4. Thrown off as a passenger

    A driver turning sharply or jumping wake at speed.

  5. No one watching

    A hire area without a supervisor or a rescue boat ready.

Who may be responsible

Who looks after what on a jet ski.

More than one party may be responsible. A claim can be made against each.

  • The hire or tour operator

    Maintaining the machines, briefing and supervising riders, and deciding who may drive.

    Ask for: The hire agreement, any waiver and an incident report

  • The driver

    Driving with care, and following the rules on who may drive and carry passengers.

    Ask for: The driver’s name and the jet ski’s registration

  • The jet ski maker or importer

    A throttle, steering or kill switch with a safety defect. (Australian Consumer Law ss 7, 138)

    Ask for: The make, model and any recall

Straight after

Four things to do now.

  1. Step 1

    Report it before you leave

    Ask for an incident report. Note the jet ski’s number and registration.

  2. Step 2

    Photograph everything

    The jet ski, the area and your injuries. Keep your hire agreement.

  3. Step 3

    Get names

    The operator, the driver, other riders and anyone who saw it.

  4. Step 4

    See a doctor

    Get treatment, and keep referrals and receipts. Treatment costs may be claimable.

Compensation

What you can claim.

  • Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
  • Past and future lost earningsWages and super you’ve lost, and what the injury will cost you in future.
  • Treatment costsMedical, hospital and rehabilitation costs, past and future.
  • Care from familyIf the care is needed because of the injury and given for at least 6 hours a week for at least 6 months. (s 59)
  • Paid care and aidsHelp at home, equipment and changes you need because of the injury.
  • Travel and other costsGetting to appointments, and other out-of-pocket costs.

Your own share of responsibility can reduce damages. (ss 23, 24) Medicare and Centrelink may need to be repaid from a settlement.

How a claim runs

From the first call to court, if it’s needed.

  1. No-obligation first consultation

    We look at what happened, who may be responsible, and your time limits.

  2. Notice of claim

    Part 1 of the notice goes to the operator or the party responsible, within the time limit.

  3. Their response

    They must reply within 1 month, and say within 6 months whether they admit liability. (PIPA ss 10, 12, 20)

  4. Evidence and reports

    Records, footage, witness statements, and medical and expert reports.

  5. Conference and offers

    A compulsory conference, then written final offers if it doesn’t settle. (PIPA ss 36, 39)

  6. Court, if needed

    If the claim hasn’t resolved, proceedings start within the time limit.

Costs

What it costs you.

No win, no fee*

If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)

Questions

Questions people ask.

No. CTP only covers vehicles that must be registered for the road. A jet ski claim is made against the operator, owner or driver. If they’re insured, their insurer usually handles the claim. (Motor Accident Insurance Act 1994 (Qld) s 4)

Hurt somewhere else?

Hurt on a jet ski?

Your first consultation covers which notice applies, your time limits, and what to keep. There’s no obligation to go ahead.

Start your case review 1300 529 529

No win, no fee*: if your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign. This page is general information, not legal advice about your situation.