Negligent Entrustment and Boating Accidents
Published: 7/1/2022
A negligent entrustment boat lawsuit refers to a legal claim where someone is suing the owner of a boat for injuries caused by another person operating the boat, alleging that the owner was negligent by allowing an unqua...
Legal Standard:
Negligent Entrustment: Boat Owners' Liability in Georgia
If you let an incompetent person operate your boat and they cause an accident, YOU can be held liable:
Georgia Law (O.C.G.A. § 51-1-22):
- Boat owners are liable for injuries caused by negligent operation of their vessel
- Owner must have given consent (express or implied) for person to use boat
- Presumed consent if operator is spouse, parent, sibling, child, or other immediate family member
Negligent Entrustment Elements: Owner liable if they entrust vessel to someone they know (or should know) is incompetent due to:
- Inexperience or age (e.g., letting minor operate boat unsupervised without training)
- Physical or mental condition (e.g., letting intoxicated person drive boat)
- Known habit of recklessness (e.g., person with history of BUI or dangerous boating)
Real-World Examples:
- ❌ Lending boat to friend with history of drunk driving → they cause BUI accident → owner liable
- ❌ Letting untrained minor operate boat → they crash → owner liable
- ❌ Allowing someone visibly intoxicated to take boat → accident occurs → owner liable
Purpose: Encourages boat owners to be cautious about whom they trust with dangerous instrumentalities
Key Takeaway: You remain legally responsible for damage your boat causes, even when you’re not operating it—if you gave it to someone unfit to operate safely.
If someone gives their boat to someone they know is incompetent, and that person causes an accident, the owner can be held liable under the legal doctrine of “negligent entrustment”. This principle applies to boating accidents just as it does to vehicle accidents.
The idea is to encourage people to be cautious about whom they trust with things that can be dangerous. Under the doctrine of negligent entrustment, an owner is liable if they entrust an instrumentality (here, the boat) to someone they know is incompetent due to:
- Inexperience or age,
- A physical or mental condition, or
- A known habit of recklessness.
GA Code § 51-1-22 (2024)says:
“The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless the vessel is being used with his or her express or implied consent. 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, the vessel is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner’s family. Nothing contained in this Code section shall be construed to relieve any other person from any liability which he would otherwise have nor shall anything contained in this Code section be construed to authorize or permit any recovery in excess of injury or damage actually incurred.”
For example, If you lend your boat to a friend who has a history of drunk driving, and they end up causing a boating accident while intoxicated, you could be held liable for negligent entrustment. The same principle applies if you let a minor operate your boat without proper training or supervision, and they cause an accident.
If you or a loved one has been injured in a boating accident caused by someone else’s negligence, you may be entitled to compensation. Contact Bourne Law Firm today to discuss your case with an experienced personal injury attorney. We can help you understand your legal rights and options for pursuing a claim against the responsible party.
