Kentucky Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning

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US-03198BG
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A voluntary participant in a game, sport, or contest, assumes all risks incidental to the particular game, sport, or contest which are obvious and foreseeable. However, he or she does not assume an extraordinary risk which is not normally incident to the game or sport. Even where the assumption of the risk doctrine applies, defendants have a duty to use due care not to increase the risks to a participant over and above those inherent in the sport. While under the doctrine of assumption of risk, a defendant has no legal duty to eliminate or protect a plaintiff from the risks inherent in a sport, but the defendant owes a duty not to increase the inherent risks. To determine whether the primary assumption of risk doctrine applies to a sports participant, the court must decide whether the injury suffered arises from a risk inherent in the sport, and whether imposing a duty might fundamentally alter the nature of the sport.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Final answer: In Washington, a vessel can tow a person on water skis from one hour before sunrise to one hour after sunset in adherence to safety regulations.

Towing people on water skis or similar devices is only permitted between sunrise and sunset. It is vital that the operator and the skier pay attention to ?no ski? zones. It is not permitted to ski within 100 feet of a commercial boat dock, moorage harbor, or swimming area.

California law requires there to be at least two persons aboard a boat towing a skier: the operator, and an observer 12 years of age or older.

The vessel operator is responsible for acting in a prudent and reasonable manner consistent with the ordinary practices of boating. Stay active. Stay alert. Respect the weather, the water, your passengers, fellow boaters, divers, swimmers, and property owners.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER. (a) No person may operate a personal watercraft towing another person on water skis or other towables unless the personal watercraft has, on board, in addition to the operator, a rear-facing observer, who monitors the progress of the person or persons being towed.

Final answer: Legal actions for PWC operators typically include operating during daylight hours, wearing a lifejacket, and operating at a safe speed. But these can vary depending on local and state laws.

It is illegal for operators of boats to tow a person(s) on water skis, skiboards, or any device of this type between one-half hour after sunset and one-half hour before sunrise. It is illegal for operators of PWC to tow any person or device (or operate) between sunset and sunrise.

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Kentucky Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning