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Hydrofoil accident

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Hydrofoils are generally the types of boats that use hydrofoil technology. Hydrofoil technology allows watercraft to lift off of the surface of the water as the speed increases, which also allows the watercraft to move at faster speeds. While they are not widely used by the public, accidents still occur and can put lives at risk. There is an even increased risk due to the fact that hydrofoils are on the water and risk people drowning, as well. If you or a loved one has been in a hydrofoil accident, contact us for a free consultation to see if you may be entitled to compensation.

What kind of accidents or injuries can result?

Hydrofoil accidents can occur through malfunctions or defects such as sudden turns, maneuvers, or changes in speed. These events can cause the operator of the hydrofoil to lose control and cause unpredictable damage to themselves or those around the operator.

Also, these machines can pose great risks to others since they are not regulated and give proper warnings of its dangers. Hydrofoils are relatively new and unique technologies, so they are not yet regulated or provide proper warnings of their risks. There have been incidents of high-speed hydrofoils hitting sea animals while traveling, or injuring people since they were used in a crowded area. For instance, a surfboard with hydrofoil technology may hit another surfer in the head and cause disfigurement. Hydrofoils can cause severe injuries such as broken bones or fractures, traumatic brain injury, spinal cord injury, amputation, disfigurement, and death.

Who is liable?

These cases are based on negligence, which is determined by finding if the other party owed you a duty of care, breached that duty of care, your injuries directly resulted from their actions, and you suffered actual damages and losses.

A hydrofoil accident due to a defect or malfunction is typically the fault of the company that manufactured the watercraft. The manufacturer would be at fault under product liability laws if the defect was inherent in the design and construction of the machine itself. Product liability laws aim to protect consumers from products that pose harm to those who use it. If a hydrofoil causes a serious accident that causes injury to someone due to a design defect, then the victim or loved ones can sue the manufacturer of that hydrofoil.

If the accident was due to a lack of warnings, the manufacturing company can also be held liable for not providing reasonable warnings of the risks associated with a hydrofoil’s use. Speak to an attorney about where the liability may lie in these cases. This is because hydrofoils are in a minimally regulated field in regard to where to use them, how to use them, and what is not permitted in its use.

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Submitted Comments

Wayne
2 years ago
We are having problems with FOILS going through surf spots and causing injuries. Just want to talk, possibly retain.

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