JEFFREY MEYERS, A MINOR BY AND THROUGH HIS PARENTS AND LEGAL GUARDIANS, MARVIN MEYERS AND LINDA MEYERS, AND MARVIN MEYERS AND LINDA MEYERS, INDIVIDUALLY, APPELLANTS,
v.
SCOOT-A-WAY CORPORATION AND THUNDERBIRD ASSOCIATES, LTD., APPELLEES

Fla. 3d DCA | 1995-11-08
No. 94-1282
Before HUBBART and JORGENSON and GREEN, JJ.
662 So. 2d 411 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Jeffrey Meyers, a minor, was injured when he struck an unpadded steering wheel while operating a leased waverunner in a marina. The Florida appellate court reversed summary judgment for the defendants, holding that the lessor violated Florida's seaworthiness requirement by renting a vessel lacking safety equipment originally installed by the manufacturer.


Holding

The court held that the lessor, Scoot-a-Way Corporation, violated Florida Statute § 327.54(1)(d) by knowingly renting a vessel that was not seaworthy, as it lacked the protective padding needed for safe operation in its intended recreational purpose. This violation precluded summary judgment in favor of the defendants under § 327.54(5), which limits lessor liability only when compliance with statutory requirements is shown.


Headnotes

[1] A livery knowingly rents a vessel that is not seaworthy in violation of statute, precluding summary judgment in favor of the livery.

[2] A watercraft is not seaworthy if it lacks proper equipment or devices necessary for its safe operation for its intended recreational purpose.

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Key Quotes

“A vessel is not seaworthy if, inter alia, it lacks, as here, the proper equipment or devices to allow it to engage safely in the trade for which it was intended.”

Establishes the legal standard for seaworthiness under Florida law and the basis for finding the waverunner unseaworthy.

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Facts & Procedural History

Jeffrey Meyers, age 16, leased a waverunner from Scoot-a-Way Corporation while staying at the Thunderbird Hotel. The waverunner was mechanically sound…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the plaintiff Jeffrey Meyers, a minor, by and through his parents and legal guardians, Marvin and Linda Meyers, and by the plaintiffs Marvin and Linda Meyers, individually, from an adverse summary judgment entered in a negligence action arising from injuries incurred by Jeffrey while operating a “waverunner,” a motorized recreational watercraft. We reverse.

Jeffrey, a sixteen-year-old minor, had leased a “waverunner” from the defendant, Scoot-a-Way Corporation, while staying with his parents as guests of the Thunderbird Hotel, owned by the defendant, Thunderbird Associates, Ltd. The “waverunner” was mechanically sound and otherwise operational, but it lacked any protective padding around the steering wheel area of the watercraft; this padding was originally installed on the “waverunner” by the manufacturer, but it was subsequently removed. Jeffrey rode the “waverunner” out from the docks into a marina where he encountered a large wave from a passing vessel. When the wave reached Jeffrey, the “waverunner” was propelled into the air and thereafter landed in the water with a sudden impact causing him to hit his face on the unpadded steering wheel area of the watercraft and sustain certain injuries.

We reverse the final summary judgment under review upon a holding that the defendant Scoot-a-Way, the lessor of the “waverunner” and the alleged agent of the defendant Thunderbird, knowingly rented to Jeffrey a vessel which was “not seaworthy,” in violation of Section 327.54(l)(d), Florida Statutes (1993),1 thereby precluding a summary judgment in favor of the defendants under Section 327.54(5), Florida Statutes (1993).2 We reach this result because the protective padding around the steering wheel area of the “waverunner” had been removed subsequent to the watercraft’s manufacture; such padding constitutes an appropriate appurtenance needed to allow this watercraft to engage safely in the recreational purpose for which it was designed. Clearly, it is reasonable that a “waverunner” travelling through navigable waters may be expected to encounter some turbulence causing the watercraft to bounce over the waves and throw the driver against the steering wheel; the padding around the steering wheel area of the watercraft was obviously placed there by the manufacturer as a safety device to cushion the impact of such foreseeable impacts. A vessel is not seaworthy if, inter alia, it lacks, as here, the proper equipment or devices to allow it to engage safely in the trade for which it was intended. See, e.g., Horn v. Cia de Navegacion Fruco, S.A., 404 F. 2d 422, 428 (5th Cir.1968), cert. denied, 394 U.S. 948, 89 S.Ct. 1272, 22 L.Ed.2d 477 (1969); Texaco, Inc. v. Universal Marine, Inc., 400 F.Supp. 311, 320 (E.D.La.1975); California & Hawaiian Sugar Refining Corp. v. Winco Tankers, Inc., 278 F.Supp. 648, 652 (E.D.La.1968); Moragne v. State Marine Lines, Inc., 211 So. 2d 161, 163 (Fla.1968); Black’s Law Dictionary 350 (6th edition 1990).

Based on the above analysis, the final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings.

Reversed and remanded.

. “No livery shall knowingly lease, hire or rent a vessel to any person ... [w]hen the vessel is not seaworthy.” § 327.54(l)(d), Fla.Stat. (1993).

. “When the livery has complied with subsections (1), (2) and (3), its liability ceases and the person leasing the vessel from the livery is liable for any violations of this chapter and is personally liable for any accident or injury occurring while in charge of such vessel.” § 327.54(5), Fla.Stat. (1993).


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Citator

Cited By

  • Briggs v. Jupiter Hills Lighthouse Marina, 9 So. 3d 29 (Fla. 4th DCA 2009)
    …54(1) states that a “livery may not knowingly lease, hire, or rent a vessel to any person” under certain conditions. A cause of action under section 327.54 is considered independent from a negligence cause of action. See Meyers v. Scoot-a-Way Corp., 662 So. 2d 411 (Fla. 3d DCA 1995); see also Ruano v. Water Sports of Am., Inc., 578 So. 2d 385, 386 (Fla. 3d DCA 1991) (holding that the statute “supplants the common law theories of vicarious liability and negligent entrustment”). The plaintiffs cause of action u…
  • Doles v. Koden Int'l, Inc., 779 So. 2d 609 (Fla. 5th DCA 2001)
    …ructure of the vessel but extends to its “appurtenances.” Thus, “[a] vessel is not seaworthy if ... it lacks, as here, the proper equipment or devices to allow it to engage safely in the trade for which it was intended.” Meyers v. Scoot-A-Way Corp., 662 So. 2d 411, 413 (Fla. 3d DCA 1995); see also Waggon-Dixon v. Royal Caribbean Cruises, Ltd., 679 So. 2d 811, 813 (Fla. 3d DCA 1996) (“[T]he question of whether a vessel is seaworthy extends beyond the actual physical condition of the vessel.... The duty to prov…

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