Grapevine Lake Accident: Jet Ski and Boating Death Liability

The devastating Memorial Day weekend tragedy at Grapevine Lake that claimed the life of 18-year-old Ava Moore presents multiple avenues for civil litigation and raises complex questions about liability, negligent entrustment, and insurance coverage. As the Moore family grieves the loss of their daughter — an Air Force Academy Preparatory School graduate weeks away from basic training — they face critical decisions regarding potential wrongful death and survival action claims.

In this article, our personal injury attorneys explain the legal implications surrounding the Grapevine Lake accident, including who may be held liable, the potential for wrongful death and survival action claims, the challenges involved in securing compensation in boating and jet ski incidents and what steps grieving families should take to protect their rights and pursue justice.

What Happened on Grapevine Lake?

On May 25, 2025, at approximately 5:20 p.m., Ava Moore was kayaking near Oak Grove Park on Grapevine Lake when she was struck from behind by a jet ski operated by 21-year-old Daikerlyn Alejandra Gonzalez-Gonzalez.

According to arrest affidavits, the jet ski was traveling at a high rate of speed and dangerously close to other people in the water. Witnesses told investigators that Moore and other kayakers tried to paddle away before she was struck from behind.

Lisa Scrabeck, a witness at the lake, helped render aid to Ava Moore after she was pulled ashore. She checked for a pulse and heartbeat and confirmed that Moore was wearing a life jacket, which was removed before CPR began. Despite immediate medical attention, Moore died from severe head trauma at the hospital.

The jet ski driver fled the scene with 21-year-old Maikel Coello Perozo, crashing into multiple vehicles during their escape. Police found both suspects at a Dallas residence with packed suitcases — suggesting they did not plan to return home anytime soon.

Who Can Be Held Responsible in a Boating or Jet Ski Accident?

In the aftermath of the Grapevine Lake accident, many people are wondering who can be held responsible for Moore’s tragic death. Wrongful death cases involving personal watercraft can involve multiple parties, depending on the facts of the incident. Responsibility may fall on the operator, the craft’s owner, or even a rental company — particularly if safety regulations were violated or the watercraft was negligently entrusted to an unqualified or reckless driver.

Below is a breakdown of potential civil liability in fatal boating and jet ski accidents, with a focus on direct operator responsibility, negligent entrustment by private owners, and possible liability by rental companies.

1. Direct Operator Liability

The woman accused of operating the jet ski, Daikerlyn Alejandra Gonzalez-Gonzalez, faces multiple criminal charges, including second-degree felony manslaughter charges, reckless operation and excessive speed of a personal watercraft, and leaving the scene of an accident involving death. These serious charges not only carry criminal consequences but also serve as strong evidence for civil liability under several legal theories:

Negligence Per Se:
In many recreational boating accident cases, victims may pursue civil claims under the doctrine of negligence per se. This legal principle holds that if an individual or entity violates a law intended to protect public safety — and that violation results in harm — the violation itself may be presumed to be the cause of the injury. Gonzalez’s alleged violations of Texas personal watercraft regulations provide a compelling foundation for a negligence per se claim.

Reckless/Wanton Misconduct:

Eyewitness Lisa Scrabeck reported seeing the women on the jet ski “driving recklessly” throughout the day. According to the arrest warrant, multiple witnesses stated that the suspect “recklessly made several passes along the shoreline with wanton disregard for the safety of others and at a speed and manner that endangered those in the area.” This type of behavior may rise to the level of gross negligence or wanton misconduct, further strengthening the case for civil liability.

2. Negligent Entrustment Claims

In addition to holding the jet ski operator accountable, liability may extend to the person or entity who allowed the operator to use the watercraft in the first place. This legal concept is known as negligent entrustment — when someone provides access to a dangerous instrument, like a jet ski, knowing or having reason to know the user is unfit to operate it safely.

Depending on who owned the jet ski involved in the Grapevine Lake accident, either a private individual or a rental company could face civil liability. Authorities with the Texas Parks and Wildlife Department are currently investigating the ownership of the craft. If it turns out that the watercraft was entrusted to an unqualified or reckless driver, the owner — whether private or a rental company — could be held responsible for the fatal outcome.

Jet Ski Owner Liability: If a boat or jet ski owner allows a person to operate a vehicle in an unsafe manner, the owner may be held responsible for negligent entrustment. Texas Parks and Wildlife Department officials are investigating the ownership of the craft. If Gonzalez was not the owner, the actual owner could face liability for:

• Entrusting the watercraft to an unlicensed or inexperienced operator
• Failing to provide adequate safety instructions
• Knowing or having reason to know of the operator’s propensity for reckless behavior

If Daikerlyn Gonzalez-Gonzalez was not the owner, the individual who allowed her to use the jet ski could face serious legal consequences under these principles.

Rental Company Liability: Law enforcement is still determining if the jet ski was rented. Even if that fact does not become central in this case, rental company liability is a key factor in many boating accident claims. Rental facilities have a legal duty to ensure every vessel is properly inspected, maintained, and safely entrusted to qualified users. If the jet ski was rented, the company could face liability for:

• Negligent entrustment by rental facility if the facility did not provide safety instruction or have proper safety instructions posted; if the rental facility did not conduct a proper demonstration or check ride; or if the renter is not 18 or does not have boater safety education credentials.
• Failure to verify operator competency
• Inadequate safety briefing or training

Insurance Coverage for Boats & Jet Skis: Texas Doesn’t Require It

Unlike automobile insurance, which is mandatory, Texas does not require insurance for personal watercraft or boats. This regulatory gap can leave accident victims with limited options for financial recovery. Although insurance isn’t legally required, lenders often mandate coverage if the watercraft is financed.

Insurance for Rentals

Jet ski rental companies, on the other hand, typically carry comprehensive liability insurance as part of their business operations. These policies may include:

• Third-party liability for bodily injury and property damage
• Coverage for damage to the rental equipment while under customer control
• General liability for incidents occurring on the premises
• Professional liability for claims involving inadequate training or instruction

If the jet ski involved in the Grapevine Lake accident was rented rather than privately owned, this could significantly improve the family’s ability to recover damages. Businesses that rent out watercraft — including marinas, docks, and yacht clubs — are strongly encouraged to carry Personal Watercraft (PWC) insurance, which typically includes liability protection for bodily injuries caused by a rented vessel.

Potential Coverage Sources

Because Texas law does not require watercraft insurance, it’s vital to identify every possible coverage source after a boating or jet ski accident. These may include:

• Rental Company Insurance:
  If the jet ski was rented, the rental company’s commercial liability policy is often the most substantial and reliable source of coverage. These policies usually include high liability limits to cover injuries, death, or property damage caused by the rented watercraft.
• Owner’s Watercraft Insurance Policy:
  |If the jet ski was privately owned, the owner’s boat or personal watercraft policy may offer liability coverage. This can include payments for bodily injury, death, or property damage, as well as legal defense costs if a lawsuit is filed.
• Homeowner’s Insurance:
  In some cases, small boats or personal watercraft may be covered under a homeowner’s policy. However, this coverage is typically limited in scope and may not include liability for accidents occurring away from the home.
• Operator’s Personal Liability Coverage:
  Even in the absence of dedicated watercraft insurance, the operator may have umbrella liability or homeowner’s liability insurance that provides secondary coverage for injuries or damages caused while operating a jet ski.

Why It Matters

The absence of mandatory watercraft insurance in Texas makes uncovering all potential insurance policies critical in wrongful death and serious injury cases. Just like on the road, accidents happen on the water — and victims should not be left without a path to recovery simply because coverage wasn’t required.

Unique Challenges in Grapevine Lake Jet Ski Accident

The civil litigation process arising from the Grapevine Lake jet ski crash faces a number of complex challenges — primarily due to the legal status of the individuals involved. Both suspects are Venezuelan nationals who reportedly entered the United States illegally and are now subject to ICE detainers and removal proceedings. These immigration issues create several serious obstacles for victims or their families seeking civil justice and financial compensation:

1. Limited Assets Available for Judgment Satisfaction
Individuals without lawful immigration status are often not financially established in the U.S. and may lack insurable interests, verifiable income, or significant assets such as real estate or vehicles. Even if a civil judgment is obtained against a liable party, there may be little to no property or funds to seize in satisfaction of that judgment.

2. Risk of Deportation Complicating Collection Efforts
Because both suspects are in removal proceedings, there is a real possibility that one or both may be deported before a civil case is resolved. Deportation can stall or completely undermine the ability to collect a judgment, particularly if the individual returns to a country with limited legal cooperation or no reciprocal enforcement of U.S. civil judgments. Once removed, tracking, serving, or compelling their participation in a U.S. court proceeding becomes exceedingly difficult.

3. Urgency of Discovery and Asset Preservation
Given these risks, time is of the essence in any civil case involving defendants facing removal. Attorneys representing the victim’s family would likely need to pursue expedited discovery, including early depositions and aggressive efforts to identify and freeze any assets before they are transferred or rendered inaccessible. This may include:

• Filing for pre-judgment writs of garnishment or attachment
• Requesting temporary restraining orders to prevent asset dissipation
• Subpoenaing financial institutions or third parties for asset information

In short, while there may be strong grounds for civil liability, collecting any damages from these defendants may prove extremely difficult. This makes it all the more important to identify alternative avenues for recovery — such as insurance coverage through a rental company or third-party liability — and to act quickly before immigration proceedings interfere with the litigation process.

Texas Wrongful Death and Survival Actions

Wrongful Death Claims

Under the Texas Wrongful Death Act, certain surviving family members may recover damages for the personal losses they suffer as a result of their loved one’s death. These claims are designed to compensate the surviving family — not the deceased’s estate.

Eligible Claimants
Only the surviving spouse, children, or parents of the deceased may file a wrongful death claim in Texas. In this case, Moore’s parents are legally permitted to bring the claim.

Recoverable Damages:

• Mental anguish, emotional pain, and suffering
• Loss of love, companionship, comfort, and society
• Loss of future earning capacity (especially significant given Moore’s military career path)
• Funeral and burial expenses
• Exemplary (punitive) damages, if the facts show gross negligence or willful misconduct

Survival Action Claims

A survival action is brought on behalf of the decedent’s estate and addresses the harm suffered by the deceased between the time of injury and death. Unlike wrongful death claims, survival actions do not compensate surviving family members directly — rather, any recovery becomes part of the estate and is distributed according to a will or intestacy laws.

Recoverable Damages:

• Conscious pain and suffering experienced before death
• Medical expenses related to the fatal injury
• Lost wages between the time of injury and death
• Property damage (e.g., kayak or personal belongings)
• Funeral expenses (if not already recovered through a wrongful death claim)

Statute of Limitations

Both wrongful death and survival action claims are subject to a two-year statute of limitations in Texas. This means a lawsuit must be filed within two years of the date of death.

For Moore — who tragically passed away on May 25, 2025 — the deadline to file either claim is May 25, 2027.

Additional Causes of Action

In addition to direct operator liability and negligent entrustment, several other legal theories may support civil claims in the Grapevine Lake accident, depending on the specific facts uncovered during the investigation.

1. Premises Liability – Lake/Park Management

If the entity responsible for managing Grapevine Lake or Oak Grove Park failed to take reasonable steps to ensure public safety, they may be held liable under a premises liability theory. Potential failures may include:

• Inadequate patrolling of waterways to monitor reckless behavior
• Failure to enforce speed restrictions or designated safety zones
• Lack of adequate signage or warning systems for boaters and swimmers
• Failure to properly separate conflicting recreational activities (e.g., swimming areas vs. high-speed watercraft zones)

2. Dram Shop Liability

Under Texas Dram Shop laws, bars and restaurants can be held legally responsible if they serve alcohol to an obviously intoxicated individual who later causes injury or death. While it has not yet been determined whether alcohol played a role in this incident, liability may arise if it’s shown that the jet ski operator was overserved and obtained alcohol from a licensed establishment prior to the crash.

3. Product Liability

If a mechanical failure contributed to the accident, product liability or maintenance negligence claims may also be viable. These could include:

• Manufacturing defects in the jet ski that made it unsafe for operation
• Negligence by a maintenance provider in inspecting, repairing, or servicing the watercraft
• Failure of safety equipment, such as throttle controls, kill switches, or life vests, due to design or production flaws

Strategic Litigation Considerations

Given the urgency of potential deportation proceedings, several critical steps must be taken immediately to preserve the viability of any future litigation. Asset investigation represents the most time-sensitive priority, as counsel must locate and preserve all potential sources of recovery before defendants leave the jurisdiction. This includes identifying bank accounts, real estate holdings, business interests, and any other assets that could satisfy a judgment.

Simultaneously, comprehensive insurance discovery must be undertaken to identify all applicable policies that might provide coverage for the incident. This includes not only obvious liability policies but also umbrella coverage, marine insurance, and any specialty policies that defendants or related entities may carry. The identification of insurance coverage often proves crucial to meaningful recovery in maritime accident cases.

Evidence preservation cannot be delayed, as witness memories fade and physical evidence deteriorates or disappears. Securing detailed witness statements from all available parties, obtaining surveillance footage from nearby establishments or vessels, and documenting the physical condition of the vessel and accident scene are essential steps that become increasingly difficult with time. The transient nature of the maritime environment makes prompt evidence collection particularly critical.

Finally, the retention of qualified experts should begin immediately to ensure their availability and to begin the process of accident reconstruction while evidence remains fresh. Marine safety experts can analyze the vessel’s condition and operational procedures, accident reconstruction specialists can determine causation and fault allocation, and economic experts will be necessary to quantify damages. Early expert involvement often proves invaluable in developing case strategy and identifying additional avenues of investigation.

The Moore family deserves justice for their tragic loss, and the civil justice system provides the primary avenue for accountability when the criminal system alone cannot adequately address the full scope of harm caused by such reckless conduct.

Loved One Killed or Injured In a Boating Accident? Contact Us.

Varghese Summersett is a premier personal injury firm serving clients across the state of Texas. With offices in Fort Worth, Dallas, Southlake, and Houston, our team is strategically positioned to handle serious injury and wrongful death cases wherever they arise — from major metropolitan areas to smaller communities throughout the Lone Star State.

We are known for delivering exceptional, client-focused representation rooted in experience, compassion, and results. We understand the physical, emotional, and financial toll of catastrophic injuries and wrongful death. Call 817-203-2220 for a free consultation with an experienced boating accident attorney today.