Notification

Icon
Error

Uncle T
#1 Posted : Saturday, June 22, 2013 1:46:37 PM(UTC)
Uncle T

Rank: Advanced Member

Groups: Registered
Joined: 6/4/2013(UTC)
Posts: 12

Not looking specifically for a legal opinion here, but just generally speaking, trying to understand who is responsible when someone gets seriously injured on my boat and I was not the person driving it.

Suppose I loan my boat to a friend and someone is injured, am I responsible?

What if one of my partners is driving and someone is injured?

What if one of my partners allows one of his friends to drive the boat, who is the responsible party then?

Edited by user Thursday, June 27, 2013 8:24:56 AM(UTC)  | Reason: URL Error

To respond or post you need to Sign In or Sign Up by clicking the appropriate link on the upper right side of the page.
Socrates R
#2 Posted : Thursday, June 27, 2013 7:39:06 AM(UTC)
Socrates R

Rank: Member

Groups: Registered
Joined: 6/16/2013(UTC)
Posts: 8
United States

As a disclaimer, this is not legal advice just a general non-legal opinion. There are obviously a million different circumstances involved in fully answering a question like this and you would be strongly encouraged to contact an attorney for legal advice related to any actual accidents or injuries.

1. If you loaned the boat to a friend and a serious injury occurred: Assuming there was negligence, the friend would likely be responsible for the wrongful injury and, you, as the boat owner, might also be responsible for entrusting the boat to your friend - negligent entrustment.

2. If one of your partners is driving the boat and someone is injured - it depends on how you have your partnership set up but basically all partners are jointly and severally liable for the "wrongful acts" done on behalf of the partnership.

If the partner was just piloting the boat personally, not on behalf of the partnership, then you're not liable as a partner, but you could still be liable for negligent entrustment. If the partner was piloting as a service to another person and that service was in behalf of the partnership (a charter, rental), then you're directly liable, along with the other partners.

3. One of my partners loaned the boat to his friend when the accident occurred.

A: Put your partner "in your shoes," and re-read #2 above.
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.