69-9-215 - Liability of owners or operators. - Tennessee Statutes

69-9-215. Liability of owners or operators.

(a)  (1)  The owner of a vessel, other than a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats, that loans a boat to a consumer or potential consumer on a temporary basis, shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state, or neglecting to observe such ordinary care and such operation as the rules of the common law require.

     (2)  The operator of a boat that has been rented from a person engaged in the business of renting boats or that is on temporary loan from a person engaged in the business of selling, repairing, or manufacturing boats shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state or neglecting to observe such ordinary care and such operation as the rules of the common law require.

     (3)  Nothing contained in subdivisions (a)(1) and (a)(2) shall prohibit the application of common law liability as a basis for liability of a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats that loans a boat to a consumer or potential consumer on a temporary basis for injury or damages occasioned by the negligent operation of that vessel.

(b)  (1)  The owner is not liable, however, unless such vessel is being used with the owner's express or implied consent. It shall be presumed that such 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 the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.

     (2)  In all actions for injury to persons or property caused by the negligent operation or use of any boat, vessel or motor propelled watercraft within this state, proof of ownership of such vessel shall be prima facie evidence that such vessel at the time of the cause of action was being operated and used with authority, consent and knowledge of the owner in the transaction out of which such injury or cause of action arose, and such proof of ownership likewise shall be prima facie evidence that such vessel was being operated by the owner, or by the owner's servant, for the owner's use and benefit and within the course and scope of the servant's employment. The prima facie evidence provisions of this subdivision (b)(2) shall also apply in cases of the negligent operation of a vessel being test-driven by a prospective purchaser with the knowledge and consent of the seller or the seller's agent whether or not the seller or the seller's agent is present in the vessel at the time of the alleged negligent operation. This section is intended to be remedial and it is the legislative intent that it be given a liberal construction.

(c)  Nothing contained in this section shall be construed to relieve any other person from any liability that that person 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.

(d)  This chapter shall not be construed to affect any rights accorded owners under the laws of the United States.

[Acts 1965, ch. 334, § 20; T.C.A., § 70-2220; T.C.A. § 69-10-215; Acts 2005, ch. 238, §§ 1, 2.]