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

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Multi-State
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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

Every operator must keep a proper lookout, using both sight and hearing, at all times. Watch and listen for other vessels, radio communications, navigational hazards, and others involved in water activities. Maintain a safe speed.

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

It means maintaining an unobstructed view from the helm, to continuously eye waters off the bow and starboard and port sides, for boats, swimmers and swimming areas, skiers, flags, fish-net and other buoys, floating debris and obstacles such as stumps and bars.

A proper lookout means there is someone looking where the vessel is traveling at all times. This is especially critical when transiting heavy traffic zones or where recreational vessels usually anchor. In addition, a lookout while at anchor can save your vessel, as it did in this situation and possibly your life.

The owner and/or operator of a vessel is responsible to carry, store, maintain and use the safety equipment required by the U.S. Coast Guard (USCG). All vessels are required to have onboard a wearable USCG-approved personal flotation device (PFD) for each person.

The First Thing to Do Following a Boating Accident First and foremost, the boat operator should ensure the safety of all passengers and other involved parties. If it's safe, stop the vessel immediately. Assess the physical condition of everyone and any potential victims from other involved boats.

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