Section 05.25.040. Owner's civil liability.

Except as provided under AS 09.65.112 and AS 09.65.290, the owner of a boat is liable for injury or damage caused by the negligent operation of the owner's boat whether the negligence consists of a violation of a state statute or the failure to exercise ordinary care in the operation of the boat as the rules of the common law require. The owner is not liable, however, unless the boat is used with the owner's express or implied consent. It is presumed that the boat 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 member of the owner's immediate family. This chapter does not relieve any other person from a liability that the person would otherwise incur and does not authorize or permit recovery in excess of injury or damage actually incurred.

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History

(Sec. 8 ch 63 SLA 1961; am Sec. 8 ch 28 SLA 2000; am Sec. 1 ch 119 SLA 2003; am Sec. 2 ch 121 SLA 2003)