Neither the owner, his agent, or employees of a boat livery operating in this State shall permit any vessel to depart from his premises unless it is in sound and safe operating condition, have a valid registration, is properly numbered and is provided, either by the owner or the renter, with the equipment required pursuant to Section 50-21-610 and any regulations made pursuant thereto; and the owner of a boat livery shall be liable for damage or injury which may result directly from his failure to meet the requirements of this paragraph; provided, however, that readily identifiable livery boats of less than twenty-six feet in length leased or rented to another for the latter's noncommercial use for less than seven days may have the registration certificate retained ashore by the owner or his representative.
The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel whether the negligence consists of a violation of the provisions of the statutes of this State or neglecting to observe the ordinary care in the operation as the regulations of common law require. The owner shall not be liable, however, unless the vessel is being used with his express or implied consent or is in the possession of a person or organization legally responsible therefor. It shall 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 control of a member of the owner's household. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have. Provided, the owner of a boat livery shall not be liable as an owner as provided in this paragraph, and in case of any negligent injury or damage occasioned by the operation of a vessel rented or hired from a boat livery, the operator of the vessel shall be liable as owner thereof.
HISTORY: 1962 Code Section 70-295.12; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1973 (58) 648; 1979 Act No. 95, Section 1; 1993 Act No. 181, Section 1269; 1999 Act No. 124, Section 2.K.
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 21 - Equipment And Operation Of Watercraft
Section 50-21-10. Definitions.
Section 50-21-20. Legislative declaration of policy.
Section 50-21-30. Watercraft laws and ordinances; special rules and regulations.
Section 50-21-40. Administration of chapter.
Section 50-21-45. Administration of oaths; acknowledgment of signatures.
Section 50-21-70. Limit on expenses and costs of administration.
Section 50-21-80. Enforcement of provisions of chapter; authority to issue summons or make arrests.
Section 50-21-90. Boating safety and educational program.
Section 50-21-100. Records to be kept by owners of boat liveries.
Section 50-21-105. Towing of watercraft by department.
Section 50-21-110. Negligent operation of water device; offense; penalties.
Section 50-21-111. Reckless operation of water device; offense; penalties.
Section 50-21-117. Operation of water device while privileges suspended; offense; penalties.
Section 50-21-146. Discharging firearm at boat landing or ramp prohibited.
Section 50-21-160. Disposition of fees and fines.
Section 50-21-180. Riding surfboard near fishing piers.
Section 50-21-190. Abandoning watercraft or outboard motor; penalty; removal.
Section 50-21-820. Water skiing, surfboarding, and similar activity prohibited during certain hours.
Section 50-21-830. Exemptions.
Section 50-21-850. Ski belt, life preserver, or similar equipment required; exceptions.
Section 50-21-855. Enforcement of regulations affecting windsurfers and sailboarders.
Section 50-21-860. Restrictions on use of airboats.
Section 50-21-870. Personal watercraft and boating safety.
Section 50-21-1010. Regulation of regattas, races, and similar exhibitions.