The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of state statutes, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner is not liable, however, unless such vessel is being used with the owner’s     express or implied consent. It must 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. Nothing herein relieves any other person from any liability that person would otherwise have, and nothing contained herein authorizes or permits any recovery in excess of injury or damage actually incurred.

Terms Used In North Dakota Code 20.1-13-13

  • 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.
  • Owner: means a person, other than a lienholder, having the property in or title to a motorboat. See North Dakota Code 20.1-01-02
  • Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Vessel: means any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See North Dakota Code 20.1-01-02