67-7032. OWNER’S RESPONSIBILITY — PRESUMPTION OF CONSENT. (1) The owner of the vessel shall be liable for any injury or damage occasioned by the negligent operation of it, whether the negligence consists of a violation of the provisions of law, or in the failure to observe ordinary care in the operation as the rules of the road require. It shall be presumed a vessel 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 the owner’s spouse, father, mother, brother, sister, son, or daughter, or other immediate member of the family. The owner shall not otherwise be liable, however, unless the vessel is being used with his consent, either expressed or implied.
(2) Nothing contained herein shall be construed to relieve any other person from any liability which he would have otherwise had, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.
(3) Nothing contained herein shall deprive the owner of any vessel of any of the rights, limitations or exemptions from liability afforded such owner under any federal statutes.
History:
[67-7032, added 1986, ch. 207, sec. 2, p. 529.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 70 - IDAHO SAFE BOATING ACT
Section 67-7002 - JURISDICTION AND AUTHORITY.
Section 67-7003 - DEFINITIONS.
Section 67-7004 - HULL IDENTIFICATION NUMBER.
Section 67-7005 - CAPACITY PLATE AND CERTIFICATION.
Section 67-7006 - CAPACITY PLATE — CONTENTS.
Section 67-7007 - CERTIFICATION LABEL — CONTENTS.
Section 67-7008 - CERTIFICATE OF NUMBER — EXPIRATION — FEES.
Section 67-7008A - ADDITIONAL FEES — DEPOSIT INTO INVASIVE SPECIES FUND.
Section 67-7009 - EXEMPTION FROM NUMBERING PROVISIONS.
Section 67-7010 - UNNUMBERED VESSELS.
Section 67-7012 - ADVISORY COMMITTEE.
Section 67-7013 - REMITTANCE OF FEES.
Section 67-7014 - ADMINISTRATIVE FEES FOR VESSELS.
Section 67-7015 - SAFETY EQUIPMENT — ADDITIONAL REGULATIONS.
Section 67-7016 - GROSSLY NEGLIGENT OPERATION.
Section 67-7017 - NEGLIGENT OPERATION.
Section 67-7018 - UNLICENSED COMMERCIAL VESSELS.
Section 67-7020 - INCAPACITY OF OPERATOR.
Section 67-7021 - DIVERS’ WARNING.
Section 67-7022 - OVERLOADING.
Section 67-7023 - OVERPOWERING.
Section 67-7024 - WATER SKIING.
Section 67-7025 - INTERFERENCE WITH NAVIGATION.
Section 67-7026 - RESTRICTED AREAS.
Section 67-7027 - COLLISIONS, ACCIDENTS AND CASUALTIES — REPORTS.
Section 67-7028 - ENFORCEMENT.
Section 67-7029 - AGENTS OF THE DEPARTMENT.
Section 67-7030 - REGATTAS, RACES, MARINE EVENTS, TOURNAMENTS AND EXHIBITIONS.
Section 67-7031 - MARKING OF WATER AREAS — PROCEDURES — LOCAL RULES.
Section 67-7032 - OWNER’S RESPONSIBILITY — PRESUMPTION OF CONSENT.
Section 67-7036 - TESTING BLOOD OF PERSONS KILLED IN VESSEL ACCIDENTS.
Section 67-7038 - MUFFLERS AND NOISE RESTRICTIONS.
Section 67-7039 - VESSEL TITLING ACT.
Section 67-7040 - APPLICATION TO CERTAIN VESSELS.
Section 67-7041 - LIENS AND ENCUMBRANCES — FILING — NOTATION ON CERTIFICATE — CONSTRUCTIVE NOTICE.
Section 67-7050 - RECIPROCAL AGREEMENTS.