§ 27-101-201 - Liability of owner, renter, operator, or lessee of vessel for injury or damage. - Arkansas Statutes

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

(a) The owner, renter, operator, or lessee of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether negligence consists of violating the provisions of the statutes of this state or neglecting to observe such ordinary care and such operation as the rules of the common law require.

(b) (1) The owner shall not be liable, however, unless the vessel is being used with his or her express or implied consent.

(2) (A) The owner shall not be 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) Nothing contained in this section shall be construed to relieve any other person from any liability that he or she would otherwise have, but nothing contained in this section shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.