Colombo v. BRP US, Inc., an appeal from the California Court of Appeal, involved plaintiffs who went jet skiing. The group consisted of two sisters who went to help a third sister move into a new apartment. The sister who was moving had a boyfriend whose roommate operated personal watercraft for a local company.
Boyfriend wanted to reward the two sisters for helping his girlfriend move and arranged to meet them at a store and then take them to ride the personal watercraft (PWCs). He loaded two PWCs onto a trailer, met them at the store, and took them to the bay to ride. Both sisters wore two-piece bathing suits. Nobody in the group was wearing a wetsuit.
After putting on a life vest, plaintiffs waded into the water and met defendant. Both plaintiffs got on the back of PWC with defendant sitting in the operator’s seat. He did not give them any instructions. Plaintiff testified that she had no intention of driving the PWC herself and did not have any idea how PWCs worked and how fast water exited the jet-thrust nozzle underneath. She also did not see any labels under the handlebars or on the console that warned of severe injury that could occur as a result of falling into the water near the nozzles.