Georgia Boating Accidents: Liability for the Driver and the Owner

April 14, 2011
Boating accidents and injuries can also be a problem of the boat’s owner, even if they are not driving when the injury occurs.

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Combining water, fast moving propellers, high horse power watercraft, lack of metal frames and no seat-belts, it is no surprise boating accidents can be some of the most tragic injury cases.

Every Spring and Summer people venture out to Lake Lanier in Forsyth and Hall County and unfortunately due to alcohol consumption by others, inexperience or just not paying attention,  innocent lake goers are run over by a boat, drown or are permanently maimed by spinning propellers.

Clearly, a negligent boater can be held responsible for their actions, but under Georgia Law the owner of the boat or watercraft can also be held responsible for loaning their boat to another.

The Georgia Supreme Court in Gunn v. Booker, 259 Ga. 343 (1989), found that under Georgia Law (O.C.G.A §§ 51-1-21 and 51-1-22) the owner of a boat or watercraft can be held responsible for boating accident injuries caused by another person’s negligence if the driver is a family member, or the owner gave consent for the negligent party to operate the boat or watercraft.  It is presumed that the vessel is being operated with consent of the owner if operated by an immediate member of the owner’s family.

If you or a loved one is injured on Lake Lanier in Hall or Forsyth County due to a boating accident, please Call or Email us, experienced Boating Accident Lawyer’s at Breakfield & Associates, Attorneys for a free consultation.

Boating Safety on Lake Lanier

BUI Lawyers John Breakfield & David Purvis Boating Safety on Lake Lanier in Gainesville, Georgia!

About the author: John Breakfield and David Purvis are attorneys with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle  Personal Injury matters regarding those injured by the negligence and fault of others.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Lake Lanier, Lake Hartwell, Lake Allatoona, Lake Oconee, Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes.  Please consult with a Boating Accident Attorney on your specific situation in order to determine an appropriate legal course of action.

filed under: Georgia Boating Law

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