13-year old guilty of Seadoo accident

A sixteen-year old Seadoo driver was held liable this week for severe bodily injuries he caused a Dutch tourist.

Due to the accident, the tourist became fully disabled. The uncle who lent the Seadoo to his nephew and the boy’s parents were also held liable by the Court. During the accident on November 4, 2007, the boy convicted was only thirteen years old.

The accident happened near Jan Thiel Beach when a Dutch tourist was run over by the Seadoo while he was snorkeling. The Court holds in the judgment: “The accident took place between 25 and 55 from the shore. The weather was beautiful and quiet and the ocean was calm. The place where the accident happened is known as a place frequently used for snorkeling, which also appeared at the time of the investigation, so that the suspect should have been alert to the presence of snorkelers.”

The Court considered the State Ordinance Maritime Management, stating where no dangerous sailing behavior can take place, but also the Island Ordinance Inland Shipping, pursuant to which divers and snorkelers have to be as visible as possible by a diver’s flag or dive buoy. However, the judgment states that these Acts were not in effect as yet at the time of the accident.

Other party: his own fault
The other party brought forward that the part of the ocean east of the entrance to the bay of Jan Thiel is known as dangerous for swimmers and snorkelers, that personal investigation showed that the accident took place approximately 70-75 meters from the shore where no snorkeler is expected, that he drove at a low speed, and that there is question of circumstances which can be imputed to the victim because the victim did not use a diver’s flag, floating buoy or dive buoy or took other measures to be as visible as possible. The Court disregarded, as the judgment states, where exactly the accident took place. The Court also states that Jan Thielbaai is a well-known spot for beach guests and tourists and that the driver of the water scooter should have taken the presence of swimmers and snorkelers into account,” as the lawyer of the victim, Robert van Beemen of law firm VanEps Kunneman VanDoorne, announces. Due to irresponsible use of Seadoos, serious injury can be caused to swimmers who are very vulnerable, after all, the judgment states. The Court stipulated that these vessels are not suitable for children and that the uncle should not have lent the Seadoo to his nephew.

Source: national newspaper “Antilliaans Dagblad” dated 11 August 2010