Boating and Watercraft Accident Claims in Georgia

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In a civil claim, Georgia’s statutes treat a boat much as they treat a car: the owner of a watercraft “shall be liable for any tort caused by the operation of the watercraft, in the same manner and to the same degree as the owner of an automobile is liable for torts caused by its operation” (OCGA 51-1-21(b)). Around that rule, the boating statutes set rules for renting a boat, for operating one under the influence, for towing skiers, and for what an operator must do after an accident.

Who Answers for the Operator

“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 is not liable “unless the vessel is being used with his or her express or implied consent,” and it is presumed that the vessel is operated with the owner’s knowledge and consent if, at the time of the injury, it is under the control of the owner’s spouse, parent, sibling, child, “or other immediate member of the owner’s family” (OCGA 51-1-22). The statute adds that it does not relieve any other person of liability the person would otherwise have.

Renting a Boat

A boat livery is a business that holds a vessel for renting, leasing, or chartering, and in that statute “vessel” means a self-propelled, motorized boat or vessel more than 16 feet long and more than 16 inches deep, a term that includes personal watercraft and excludes an inflatable or whitewater raft unless it is motorized (OCGA 51-1-22.1(a)). When a livery carries the insurance the statute requires, the person who rents the vessel is “liable for any injury or damage occasioned by the negligent operation of such vessel,” and the livery is not liable as an owner under the two sections above. The livery remains liable for a tort caused by the operation of the vessel in five situations: renting to a person it knew or should have known was not a reasonably safe operator; renting to a person it knew or should have known did not meet the statutory requirements for operating by minors or for boating education; knowing that the person is operating recklessly or impaired and not taking reasonable steps to stop it; renting a vessel that a reasonable inspection revealed or should have revealed was not in reasonably safe operating condition; and renting a vessel that was not in reasonably safe operating condition based on the livery’s own acts or omissions (OCGA 51-1-22.1(b)). The required coverage is “not less than $500,000.00 per person per occurrence and not less than $1 million in the aggregate per occurrence” (OCGA 51-1-22.1(c)(1)).

Alcohol and Drugs

No person may operate a moving vessel, or manipulate moving water skis, an aquaplane, or a surfboard, while under the influence of alcohol or a drug to the extent that it is less safe to do so, or when the person’s alcohol concentration is 0.08 grams or more at any time within three hours after operating from alcohol consumed before the operating ended (OCGA 52-7-12(a)). A person who operates a vessel or manipulates water skis, an aquaplane, a surfboard, a tube, or a similar device “in reckless disregard for the safety of persons or property” commits the offense of reckless operation (OCGA 52-7-12.1).

Rules of Operation

A vessel’s speed must be regulated “so as to avoid danger or injury or damage or unnecessary inconvenience” near swimming areas, docks, moored boats, and boats engaged in fishing, and no vessel may be operated at a speed greater than is reasonable and prudent under the conditions. No vessel may be loaded beyond its recommended capacity, and no one may ride the bow or gunwale unless the vessel has a railing or other retaining device (OCGA 52-7-17). A vessel that tows a person on water skis, an aquaplane, or a similar device must have a wide-angle mirror or a competent second person watching the person towed, the person towed must wear a ski belt, ski jacket, or approved personal flotation device, and towing between sunset and sunrise is prohibited (OCGA 52-7-16). Because the owner’s liability extends to negligence that consists of a violation of the statutes of this state (OCGA 51-1-22), these provisions bear on a claim.

After an Accident

The operator of a vessel involved in an accident, collision, or other casualty must stop at the scene, give name, address, and the vessel’s registration to the person struck or the other vessel’s operator or passenger, and render reasonable assistance to an injured person, and must notify emergency medical services and local law enforcement when a person is unconscious, appears deceased, is unable to communicate, or has disappeared. A person who knowingly fails to comply when the accident proximately causes death, disappearance, or an injury requiring medical treatment is guilty of a felony punishable by imprisonment for not less than one nor more than five years (OCGA 52-7-14(a)).

Frequently Asked Questions

Can a chemical test from a boating stop be used in a civil injury case?
In a civil or criminal action arising out of operating under the influence, evidence of the amount of alcohol or drug shown by chemical analysis “shall be admissible” (OCGA 52-7-12(c)).

Can an owner be responsible for handing the boat to someone who has been drinking?
It is unlawful for an owner “knowingly to allow or authorize any person to operate such vessel” when the owner “knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol, toxic vapors, or drugs” (OCGA 52-7-12(i)).

Does the rental company’s insurance protect the renter?
A livery that carries the statutory coverage must post, and include with the rental agreement, a notice stating that its policy insures the livery and does not insure the renter, that the renter’s own policies may not cover damages or injuries from operating the rented vessel, and that the renter may be personally liable (OCGA 52-7-9(d)).

What records must a rental business keep?
The name and address of each renter, the vessel’s identification number, the departure date and time, and the expected return, kept for at least six months, and no vessel may leave without the equipment required by OCGA 52-7-8 (OCGA 52-7-9(a), (b)).

  • OCGA 51-1-21(b); OCGA 51-1-22; OCGA 51-1-22.1(a), (b), (c)
  • OCGA 52-7-9(a), (b), (d); OCGA 52-7-12(a), (c), (i); OCGA 52-7-12.1
  • OCGA 52-7-14(a); OCGA 52-7-16; OCGA 52-7-17
  • OCGA 52-7-8 (as referenced in OCGA 52-7-9)

Disclaimer

This article provides general information about boating accident claims under Georgia law. It is not legal advice, is not medical advice, and does not create an attorney-client relationship. Who is responsible and when a claim must be filed depend on the vessel, the rental or ownership, and the specific facts. A person hurt in a boating accident should seek medical care and consult a licensed Georgia attorney promptly about the particular situation.

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