With Georgia’s lakes, rivers, and reservoirs offering countless recreational opportunities, watercraft rentals have become increasingly popular. From jet skis on Lake Lanier to pontoon boats on Lake Allatoona, these vessels provide fun and freedom but carry serious risks. Rental companies often require users to sign liability waivers before handing over the keys. Many assume any legal claim is off the table once the form is signed, but that assumption is often incorrect.
At Ashby Thelen Lowry, our Atlanta personal injury attorneys know that under Georgia law, waivers are not absolute shields. A waiver won’t stop a valid legal claim in many cases involving watercraft injuries, especially when negligence, improper maintenance, or unlawful business practices are involved.
What Does a Rental Waiver Cover?
Rental waivers are designed to limit the company’s exposure to legal claims if a customer gets hurt while using their equipment. These documents often include broad language releasing the company from responsibility for injuries, even those resulting from ordinary negligence.
However, the scope of these waivers is not unlimited.
Georgia courts often examine the waiver’s language closely, looking at whether:
- It was written and understandable.
- The person signing it had time to review it.
- The waiver specifically mentioned the type of risk that led to the injury.
- The company attempted to waive liability for gross negligence or illegal conduct, which cannot be waived.
The more one-sided, vague, or deceptive the waiver, the less likely it is to hold up in court.
Common Examples Where Liability May Still Apply
Even with a signed waiver, a rental company may still be held legally responsible if its actions—or lack of proper action—directly contributed to the injury.
Here are a few scenarios where waivers typically fail:
- Faulty Equipment: If the company rented out a watercraft with mechanical issues, worn-out safety gear, or uninspected components, and someone was harmed, that’s a strong basis for liability.
- Lack of Instruction or Warnings: If renters were not given adequate training or warning about local water hazards, weather, or how to operate the craft safely, the company may be held accountable.
- Underage or Intoxicated Renters: If a rental company knowingly allows someone unqualified or impaired to operate the vessel, it could be liable, even with a waiver.
- Gross Negligence: When a company’s behavior shows a reckless disregard for safety, such as ignoring known defects or violating regulations, waivers typically cannot protect them.
Legal Options for Injured Boaters in Georgia
If you’ve been harmed while using a rented watercraft in Georgia, don’t assume the waiver you signed means your case is over. Liability can still attach when a company’s negligence or misconduct plays a role in the injury. A careful legal review of the waiver language, company practices, and the specific facts of the incident is essential.
At Ashby Thelen Lowry, we understand the complexity of recreational injury claims involving watercraft. Our team knows how to identify when waiver protections don’t apply—and how to pursue justice for those harmed on Georgia’s waters. Contact our Atlanta legal team today to determine if your case can proceed, even if you signed a waiver.