When an accident happens, you may assume that the waiver you signed at the rental counter eliminated your right to pursue compensation. This is not always true. In many cases, you can sue after signing a waiver.
This matters in a state like Minnesota, where outdoor recreation is part of everyday life. With more than 10,000 lakes and hundreds of resorts, state parks, and trail systems, jet ski and UTV rentals are a summertime staple that also carry a risk of serious injury. If you or a loved one suffered harm in an accident involving rental equipment, our Minnesota ATV accident lawyers can help you understand your rights and take action.
Navigate This Page
- You may have the right to sue the rental company after a jet ski or UTV accident if serious safety failures caused your injury, even if you signed a waiver.
- In some cases, you may also have a case against the equipment manufacturer or another reckless rental equipment operator.
- Sieben Alexander, P.A., is here to help you pursue compensation and accountability if you were injured in a crash involving recreational rental equipment.
Yes, You Can Often Sue After Signing a Jet Ski and UTV Waiver in Minnesota
Under Minn. Stat. § 604.055, liability waivers for recreational activities are not always enforceable. In certain circumstances, you may still have the right to sue for an injury that occurs after you sign a waiver. The key question when determining liability is what caused the accident, not simply whether you signed a waiver.
A waiver may protect a rental company from claims involving the inherent risks of the activity. For instance, there’s always a risk of falling off a jet ski or being thrown from a UTV on rough terrain. However, the rental company still has a responsibility to act with reasonable care and limit the risk of avoidable harm. As a result, a waiver cannot shield a company from liability for its own reckless conduct.
Situations Where a Signed Waiver Cannot Protect the Rental Company
Jet ski and UTV rental accident liability waivers have limits under Minnesota law. Any agreement tied to a consumer service, including a recreational rental, cannot waive liability for serious negligence.
If a company’s actions show a conscious disregard for safety, the waiver may be void. This can occur in many types of real-world scenarios involving jet ski and UTV rentals.
Improper Maintenance or Equipment Defects
The rental company may be responsible for any resulting injuries if it failed to maintain safe equipment. For example, renting out a jet ski with a faulty throttle or a UTV with failing brakes may suggest negligent maintenance. This is especially true if the company knew about the problem and ignored it or failed to perform routine inspections.
Sometimes, equipment failures may trace back to product defects that occurred before it reached the rental company. In those cases, it may be possible to file a product liability lawsuit against the designer, manufacturer, or distributor. This type of scenario could also lead to liability for the rental company if it knowingly rented out a jet ski or UTV with manufacturing defects.
Lack of Safety Briefing
Rental companies operating on Minnesota lakes, resorts, and trail networks have a responsibility to provide basic safety instructions before handing over equipment to riders. Failing to provide the necessary level of guidance based on a rider’s experience could rise to a level of negligence that a waiver cannot protect the company against.
Another Renter's Negligence
The waiver you signed with the rental company generally does not prevent you from pursuing compensation from another rider. If another equipment operator caused your injury by acting recklessly, such as speeding on a crowded lake or cutting you off on a narrow UTV trail, you may have a claim against that individual.
Unsafe Conditions at the Rental Location
In some cases, a jet ski or UTV equipment accident may occur due to unsafe conditions at the rental site. These could include a downed tree or deep rut on a UTV trail, or excessive vegetation that limits visibility near a launch area. If the rental company knew about a hazard and failed to fix it or provide a clear warning, it may be liable for the resulting injuries, even if the victim signed a waiver.
Common Personal Injury Claims: Severe Jet Ski and UTV Accident Injuries
Jet ski and UTV accidents are often more severe than people expect. They can involve high speeds and significant force, and occupants typically have little protection against an impact. As a result, victims may suffer life-altering injuries, such as:
- Traumatic brain injuries
- Broken bones
- Lacerations
- Internal bleeding and organ damage
- Sprains and strains
- Eye injuries
- Neck and back injuries, including herniated discs and whiplash
- Spinal cord damage and paralysis
- Burn injuries
- Crush injuries and amputations
What To Do if You Were Injured in a Jet Ski or UTV Rental Accident and Signed a Waiver
Signing a waiver does not automatically prevent you from pursuing accountability after an accident involving a jet ski or UTV rental. The steps you take immediately after an accident can make a meaningful difference in the strength of your potential injury case. Here’s what to do:
- Document the scene: Take photos of the equipment involved in the crash, the surrounding conditions, and any visible injuries. Write down witnesses’ contact details.
- Report the accident to the rental company: Ask staff members to create a written incident report. Request a copy for your records.
- Seek medical attention: Prompt care protects your health and creates documentation linking the accident to your injuries.
- Keep a copy of the waiver: Save any documents you signed in a safe place in case they become relevant in a future UTV or jet ski accident injury claim.
- Be careful with early settlement offers: Don’t accept an offer without consulting an attorney first.
- Contact our Minnesota personal injury lawyers: We’ll be ready to guide you through your next steps.
Injured in a Minnesota Jet Ski and UTV Rental Accident? Sieben Alexander Can Help
What should have been a fun summer day can quickly turn into a disorienting, life-altering event when safety failures cause preventable harm. Many people assume that signing a waiver means they have no options, but that’s not always the case. Minnesota law places limits on what waivers can cover, and you may still have the right to sue after signing a waiver if negligence contributed to your injuries.
Our firm has spent more than 50 years helping injured Minnesotans pursue fair compensation in complex accident cases, including those involving rental waivers. In that time, our attorneys have recovered hundreds of millions in settlements and verdicts for injury victims and their families.
We represent clients on a contingency fee basis. This means our fee is a percentage of the award we recover for you, and there are no out of pocket costs to hire our attorneys. This approach is part of our commitment to making quality representation accessible, which has contributed to our many positive client testimonials.
Lisa and I have been very happy with John and his law firm Sieben Polk P.A. (former name of Sieben Alexander). His attention to detail is unmatched. This is our first time dealing with an injury lawsuit and John and Joleen have been great reassuring us through every step in the process. I would highly recommend John to anyone needing legal help. Top notch!!
– Ken Scheller
Don't Let a Waiver Stop You From Pursuing Justice
Most people sign a waiver and move on, never expecting anything to go wrong. If you’re now dealing with the aftermath of an accident, it may feel like you’ve signed away your right to pursue accountability. In reality, a waiver is not necessarily the end of the story.
Our team is ready to analyze any documents you signed, assess the circumstances of your injury, and inform you of your rights and options. Contact us online or call 651-437-3148 for a free consultation.
Jet Ski and UTV Rental Accidents: Liability, Waivers, and Legal FAQs
Explore our answers to common questions about liability and waivers from victims of equipment rental accidents below.
No, a waiver does not automatically prevent you from suing the rental company after an accident on a jet ski or UTV. If the rental company’s negligence caused your injury, the waiver may not be enforceable.
You may file a jet ski or UTV accident lawsuit in Minnesota directly against another renter who caused your injury. The rental company may also share liability if it allowed the other renter to operate the equipment while intoxicated or failed to provide safety instructions to the other renter.
Yes, you may have the right to sue if a defective jet ski or UTV caused your injuries. Depending on the circumstances, liability may fall on the rental company, the equipment manufacturer, or a distributor.
Partial fault does not necessarily prevent you from filing a jet ski rental accident lawsuit in Minnesota. Under Minnesota’s modified comparative negligence law, you may recover compensation if you were less than 51% at fault for the crash. However, your compensation may be reduced by your percentage of fault.
You typically have six years from the date of your jet ski or ATV accident to file a personal injury lawsuit. If your case involves defective equipment, your case may be subject to a shorter four-year statute of limitations. If you lost a loved one in an accident involving rental equipment, you generally have three years from the date of death to file a wrongful death lawsuit.
