Montana Code Annotated
Part 5. Boats
23-2-505. Owner's civil liability

23-2-505. Owner's civil liability. The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe ordinary care and operation that the rules of the common law require. However, the owner is not liable unless the vessel is being used with the owner's express or implied consent. It must 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, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. This section may not be construed to relieve any other person from any liability that the person would otherwise have. However, this section may not be construed to authorize or permit any recovery in excess of injury or damage actually incurred.
History: En. Sec. 15, Ch. 285, L. 1959; R.C.M. 1947, 69-3515; amd. Sec. 365, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 23. Parks, Recreation, Sports, and Gambling

Chapter 2. Recreation

Part 5. Boats

23-2-501. Declaration of policy

23-2-502. Definitions

23-2-503. Boat liveries

23-2-504. Filing of rules

23-2-505. Owner's civil liability

23-2-506. Enforcement

23-2-507. Penalty

23-2-508. Certificate of title

23-2-509. Repealed

23-2-510. Repealed

23-2-511. Operation of unnumbered motorboats or sailboats prohibited -- display of registration and validation decals

23-2-512. Identifying number

23-2-513. Repealed

23-2-514. Exemption from numbering provisions

23-2-515. Registration decal to be displayed

23-2-516. Repealed

23-2-517. Repealed

23-2-518. Repealed

23-2-519. Penalty -- disposition

23-2-520. Repealed

23-2-521. Equipment

23-2-522. Discharge of waste from vessel prohibited

23-2-523. Prohibited operation and mooring -- enforcement

23-2-524. Passing rule and right-of-way

23-2-525. Restricted areas

23-2-526. Overloading -- overpowering -- noise limitations

23-2-527. Collisions, accidents, and casualties

23-2-528. Transmittal of information to U.S. officials

23-2-529. Waterskis and surfboards

23-2-530. Education program

23-2-531. Personal watercraft operation

23-2-532. Restrictions on manufacture and sale

23-2-533. Use of allocated funds for boating facilities

23-2-534. Funding of state recreational boating safety program -- certification of county programs -- administration by counties

23-2-535. Alcohol concentration standards -- evidence admissible -- administration of tests

23-2-536. Creation of boating advisory council -- appointment of members -- duties

23-2-537. through 23-2-539 reserved

23-2-540. Repealed

23-2-541. Aquatic invasive species prevention pass for nonresident vessels -- rulemaking