§ 27-101-201 — Liability of owner, renter, operator, or lessee of vessel for injury or damage - Exception

Arkansas § 27-101-201

• Jurisdiction: Arkansas
• Title: 27

Text

(a) The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require. (b) (1) The owner is not liable, however, unless the vessel is being used with his or her express or implied consent. (2) (A) The owner is not strictly liable to a renter, operator, or lessee for any injury or damage occasioned by the negligent operation of the vessel by the renter, operator, or lessee. (B) The liability of the owner for injury or damage suffered by a renter, operator, or lessee shall be determined by comparing the fault of the owner and the fault of the renter, operator, or lessee in accordance with §§ 16-55-216 and 16-64-122 . (c) 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 the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. (d) This section does not: (1) Relieve any other person from any liability that he or she would otherwise have; or (2) Authorize or permit any recovery in excess of injury or damage actually incurred. (e) This section does not apply to an outfitter as defined in § 27-101-902 .

Legislative History

Amended by Act 2013, No. 221,§ 1, eff. 8/16/2013. Acts 1959, No. 453, § 14; A.S.A. 1947, § 21-234; Acts 2005, No. 1156, § 1.