Louisiana Revised Statutes 34:851.18 – Owner’s responsibility; presumption of owner’s consent to operate
Terms Used In Louisiana Revised Statutes 34:851.18
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Owner: means a person, other than a lien holder, having a property interest in or title to a motorboat. See Louisiana Revised Statutes 34:851.2
- Watercraft: means any contrivance used or designated for navigation on water. See Louisiana Revised Statutes 34:851.2
A. The owner of a watercraft shall be liable for any injury or damage occasioned by the negligent operation of such watercraft whether such negligence consists of a violation of the provisions of the statutes of this state or in the failure to observe such ordinary care in such operation as the rules of the common law require.
B. The owner shall not be liable, however, unless such watercraft is being used with his or her express or implied consent. It shall be presumed that such watercraft is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of his or her husband, wife, father, mother, brother, sister, son, daughter, or other immediate member of the family.
Added by Acts 1981, No. 428, §1. Acts 1984, No. 288, §1.