Alaska Statutes 05.25.040 – Owner’s civil liability
Terms Used In Alaska Statutes 05.25.040
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
- state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
- Statute: A law passed by a legislature.
Except as provided under Alaska Stat. § 09.65.112 and Alaska Stat. § 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.