(Code 1933, § 105-108.1, enacted by Ga. L. 1968, p. 1416, § 1.)
Cross references.- Operation of watercraft generally, T. 52, C. 7.
Law reviews.- For article, "Motorboat Collisions and the Family Purpose Doctrine," see 2 Ga. St. B. J. 473 (1966).
JUDICIAL DECISIONS
Family purpose doctrine applies not only to driving of automobiles, but to operation of motorboats as well. Quattlebaum v. Wallace, 156 Ga. App. 519, 275 S.E.2d 104 (1980).
Section is narrowly construed.
- Although the family purpose doctrine was extended to a boat by this section, it will not be judicially extended to riding lawnmowers. Maddox v. Queen, 150 Ga. App. 408, 257 S.E.2d 918 (1979).
Application of family purpose doctrine.
- There are four requirements for the application of the family purpose doctrine: (1) the owner must have given permission to a family member to drive the vehicle; (2) the owner must have relinquished control of the vehicle to the family member; (3) the family member must be in the vehicle; and (4) the vehicle must be engaged in a family purpose. Quattlebaum v. Wallace, 156 Ga. App. 519, 275 S.E.2d 104 (1980).
Not applicable when control of vehicle assumed without authority.
- Trial court erred in finding the family purpose doctrine applicable when the uncontroverted evidence indicates that only the appellant was authorized to operate the motorboat, and the appellant's stepson had in the past only been permitted to drive the boat with the appellant present and presumably in control, when never before the date of the accident had the appellant ever permitted another person to control the operation of the boat, and when the appellant had neither given the appellant's stepson permission to drive the boat on the day in question nor to allow anyone else other than whom the appellant designated to drive the boat. Quattlebaum v. Wallace, 156 Ga. App. 519, 275 S.E.2d 104 (1980).
Cited in Stephens v. Stewart, 118 Ga. App. 811, 165 S.E.2d 572 (1968); Kimbell v. DuBose, 139 Ga. App. 224, 228 S.E.2d 205 (1976); Wallace v. Lessard, 248 Ga. 575, 285 S.E.2d 14 (1981).
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur. 2d, Admiralty, § 65 et seq.
C.J.S.- 2 C.J.S., Admiralty, § 58 et seq.
ALR.- Action for death caused by maritime tort within a state's territorial waters, 71 A.L.R.2d 1296.
Shipowner's liability to longshoreman for injuries due to aspects of unseaworthiness brought about by acts of stevedore company or latter's servants, 77 A.L.R.2d 829.
Res ipsa loquitur with respect to personal injuries or death on or about ship, 1 A.L.R.3d 642.
Liability for injury to or death of passenger in connection with a fire drill or abandonment-of-ship drill aboard a vessel, 8 A.L.R.3d 650.
Validity, enforceability, and effect of provision in seamen's employment contract stipulating the maximum recovery for scheduled personal injuries, 9 A.L.R.3d 417.
Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.
Liability of owner or operator of boat livery for injury to patron, 94 A.L.R.3d 876.
Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.
Liability of owner or operator of pleasure boat for injury or death of guest passenger, 35 A.L.R.4th 104.
Liability for injuries to, or death of water skiers, 34 A.L.R.5th 77.