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 statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless the vessel is being used with his or her express or implied consent. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, the vessel is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained in this Code section shall be construed to relieve any other person from any liability which he would otherwise have nor shall anything contained in this Code section be construed to authorize or permit any recovery in excess of injury or damage actually incurred.
(Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 20.)
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
Constitutionality.
- In the absence of any cases addressing the constitutionality of owner-consent statutes with regard to boats, the reasoning of owner-consent automobile cases which have been held constitutional has equal application to boats. Therefore, O.C.G.A. § 51-1-22 is constitutional. Gunn v. Booker, 259 Ga. 343, 381 S.E.2d 286 (1989).
Statutory presumption does not codify family purpose doctrine.
- Presumption of O.C.G.A. § 51-1-22 that a vessel is being operated with the owner's consent if it is under the control of an immediate family member is not a codification of the family purpose doctrine but is merely an evidentiary tool to aid a plaintiff in proving consent. The presumption cannot be confined solely to the members of an owner's household. Gunn v. Booker, 259 Ga. 343, 381 S.E.2d 286 (1989).
O.C.G.A. § 51-1-22 has two prongs. It first provides that the owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel while such vessel is being used with the owner's consent, either express or implied, and to this extent that section is broader than the family purpose doctrine. The section goes on to provide that it shall be presumed that the vessel is being operated with the owner's consent if it is under the control of an immediate family member. This presumption is akin to the family purpose doctrine. Wallace v. Lessard, 248 Ga. 575, 285 S.E.2d 14 (1981).
Presumption referred to in O.C.G.A. § 51-1-22 obtains only when the boat is under the control on an immediate member of the owner's family. Wallace v. Lessard, 158 Ga. App. 772, 282 S.E.2d 153, aff'd, 248 Ga. 575, 285 S.E.2d 14 (1981).
No liability if no negligence or misfeasance.- Regardless of state law characterization, the federal Tort Claims Act, 28 U.S.C. § 2671 et seq., itself precludes the imposition of liability if there has been no negligence or other form of misfeasance and nonfeasance on the part of the government. Craine v. United States, 722 F.2d 1523 (11th Cir. 1984).
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur. 2d, Admiralty, § 62 et seq.
C.J.S.- 2 C.J.S., Admiralty, § 58 et seq.
ALR.
- Law of general average as affected by fact that necessity for sacrifice or expenditure was due to negligent navigation, 25 A.L.R. 154.
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 1018.
Liability for marine collision as affected by failure to provide or use radar on vessel, 82 A.L.R.2d 764.
Shipowner's liability for injury caused to seaman or longshoreman by cargo or its stowage, 90 A.L.R.2d 710.
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.
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.