## Facts

- Roger and Bonnie Kays rented a Kawasaki 650 jet ski from Keys Jet Ski, Inc. for 30 minutes in Key West, Florida.
- The jet ski was about seven feet long, had a 65-horsepower engine, and could exceed 30 miles per hour.
- Ownership of the jet ski was shared by Keys Jet Ski, Inc., Sunset Watersports, Inc., and Richard C. Welter.
- The Kays alleged the rental operator provided operating instructions but not safety rules or precautions.
- Their 13-year-old son, Kevin Kays, operated the jet ski in crowded waters off Smathers Beach and collided with the VITAMIN C, a 25-foot fishing boat with a 200-horsepower outboard engine.
- Kevin Kays suffered fatal injuries and died several days after the accident.
- The owners filed a federal limitation proceeding seeking exoneration or limitation of liability under the Limitation of Liability Act and deposited $3,319 as the limitation fund.
- The district court issued monition and enjoined other proceedings against the owners, then dismissed the limitation action on the ground that pleasure craft are not covered by the Act.

## Issues

1. Whether a jet ski used for recreation is a “vessel” covered by the Limitation of Liability Act, permitting the owners to seek exoneration or limitation of liability.

## Decision

- The Eleventh Circuit reversed the dismissal and remanded.
- The court agreed the craft was a pleasure craft but held that pleasure craft are covered by the Limitation of Liability Act.
- Because the Act contains no commercial-use limitation, a jet ski may qualify as a vessel for limitation purposes.

## Legal Principles

- The Limitation of Liability Act applies to “vessels” without a categorical statutory exclusion for pleasure craft.
- A recreational craft may be a “vessel” for limitation purposes when it is used or capable of being used as a means of transportation on water.
- Courts should not create a pleasure-craft exception absent a clear statutory basis; coverage questions are distinct from later limitation inquiries (e.g., fault, and the owner’s privity or knowledge).

## Conclusion

The Eleventh Circuit held that a jet ski is a vessel within the Limitation of Liability Act and that pleasure craft are not excluded from the Act’s coverage, requiring reinstatement of the owners’ limitation proceeding for further adjudication on remand.


Keys Jet Ski, Inc. v. Kays, 893 F.2d 1225 (11th Cir. 1990)