The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state, or neglecting to observe the ordinary care and operation that the rules of the common law require. The owner shall not be liable unless the vessel is being used with his express or implied consent. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner, if at any time of the injury or damage, it is under the control of the spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.
History: 1953 Comp., § 75-35-16, enacted by Laws 1959, ch. 338, § 16.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 12 Am. Jur. 2d Boats and Boating §§ 32 to 88.
Liability of owner or operator of motorboat for injury or damage, 63 A.L.R.2d 343, 71 A.L.R.3d 1018, 98 A.L.R.3d 1127.
Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
Admiralty jurisdiction: maritime nature of tort - modern cases, 80 A.L.R. Fed. 105.
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