Negligent operation - Liability.

  1. Law
  2. Oklahoma Statutes
  3. Public Health and Safety
  4. Negligent operation - Liability.

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A. The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of the provisions of the statutes of this state, or the violation of any municipal ordinance, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner shall not be liable, however, unless such vessel is being used with his or her express or implied consent. Nothing contained herein shall be construed to relieve any other person from any liability which he or she would otherwise have.

B. The owner of a vessel shall not be liable for any injury or damage occasioned by the negligent operation of the vessel as provided in subsection A of this section if:

1. The owner is engaged in the trade or business of renting or leasing vessels;

2. The owner is in compliance with the Oklahoma Vessel and Motor Registration Act, Section 4001 et seq. of this title;

3. The injury or damage occurred during a period of rental or lease;

4. The owner did not knowingly permit or entrust the vessel to be operated by a reckless or otherwise incompetent operator where the owner knew or should have known that the injury or damage would have occurred; and

5. The owner has:

  • a.briefed the renter of the vessel on the location of fire extinguishers and life vests when applicable,
  • b.ensured there are enough life vests of the proper size for every passenger on the boat,
  • c.presented guidelines to the renter for safely piloting a vessel, and
  • d.executed a safety check on lighting, gasoline, oil, and bilge water removal systems.

Added by Laws 1989, c. 346, § 67, emerg. eff. June 3, 1989. Amended by Laws 2017, c. 244, § 1, emerg. eff. May 12, 2017.


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