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
Title 23. Parks, Recreation, Sports, and Gambling
23-2-501. Declaration of policy
23-2-505. Owner's civil liability
23-2-508. Certificate of title
23-2-514. Exemption from numbering provisions
23-2-515. Registration decal to be displayed
23-2-519. Penalty -- disposition
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
23-2-526. 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
23-2-531. Personal watercraft operation
23-2-532. Restrictions on manufacture and sale
23-2-533. Use of allocated funds for boating facilities
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
23-2-541. Aquatic invasive species prevention pass for nonresident vessels -- rulemaking