(A) It is unlawful for the captain, master, or other person having the command or charge of a boat to cause injury to life or limb of another by:

(1) the explosion of a boiler of a steamboat;

Terms Used In South Carolina Code 54-1-40

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) reason of the unskillfulness, mismanagement, or negligence of the person having the charge or command of the boat; or

(3) reason of the deficiency or want of any matter or thing necessary and proper for the management or seaworthiness of any such boat.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

(C) This section must not be construed to prevent the defendant from showing, at the trial, that the injury arose from unavoidable accident or without fault on his part and this section must not be construed to restrict the liability of a person convicted under any other law.