[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-is-responsible-for-a-boating-accident-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-is-responsible-for-a-boating-accident-in-georgia\/","headline":"Who is Responsible for a Boating Accident In Georgia?","name":"Who is Responsible for a Boating Accident In Georgia?","description":"Families from across the southeast look forward to spending time on Georgia\u2019s lakes and coastline each summer.\u00a0 Fishing, sailing, water skiing, and cruising are just some of the activities enjoyed on Georgia\u2019s waterways.\u00a0 However, sometimes those activities end with an injury to one or more people through no fault of their own.\u00a0 If you or… Continue reading Who is Responsible for a Boating Accident In Georgia?<\/span><\/a>","datePublished":"2021-07-08","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2023\/05\/boat-accident.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2023\/05\/boat-accident.jpg","height":667,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/who-is-responsible-for-a-boating-accident-in-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc","name":"Boating Accidents & Injuries With Attorney Jeb Butler","description":"Attorney Jeb Butler talks about boating accidents and how these accidents occur. We also cover what kind of boats are involved, who is involved in these accidents, and why these accidents happen. For more information about Boating Accidents in Georgia, see https:\/\/butlerfirm.com\/who-is-responsible-for-a-boating-accident-in-georgia\/\n\n*****************************************************\nSHARE THIS VIDEO https:\/\/youtu.be\/x0p8BZSa_uc\n*****************************************************\n\n_______________________________________________\nWe Have Four Locations to Serve You \n\nAtlanta, GA \nButler Law Firm \n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Law Firm \n154 Stone Mountain Street, Suite 250\nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-injury-lawyers\/\n-------- \nRoswell, GA \nButler Law Firm \n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury-lawyers\/\n-------- \nJonesboro, GA \nButler Law Firm \n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-injury-lawyers\/\n------- \n\n\u25baGeorgia summers are hot. And when it gets hot, people head up to the lake to relax and have a good time. It's a good thing but often in the summer we see an influx of calls from people about boating accidents, people who've been hurt in a boating accident or who have a loved one who's been hurt in a boating accident.\n\u25baSo today I thought we'd take a minute and talk about that. We'll go through how boating accidents occur, the kinds of boats that can be involved, who's liable or who's responsible in a boating accident, and why they occur.\n\u25baSo first, as to how injuries happen in boating accidents, one of the most common ones and obvious ones, really, is a collision. This could be because someone's going too fast, somebody's not paying attention, or any combination of those things.\n\u25baAnother one that we sometimes see are propeller injuries. And these can be really bad. If someone gets tangled up in a propeller of an operating boat, that's obviously a really bad thing, and that can happen when someone who's driving the boat isn't paying close enough attention and backs over someone in the water. The injuries can be really hard on the people who sustain them. Here's an example. This is an X-ray from one of our clients who was caught up in boat propeller and you can see what happened. The propeller turned her tibia and fibula into something that looks like a bundle of sticks from a beaver dam. I mean, just tore it apart.\n\u25baAnother way that these happen is ejections. Sometimes someone flies out of the boat, either because of a defect in the boat, like the way the boat was designed. Perhaps it was designed in a way that was unstable when the boat turned or involves a wake and people get thrown out. Or maybe the driver just isn't paying attention or is driving too fast and someone gets thrown under the boat, they can be hurt when they land in the water, when they land in the water and then another boat hits them or when they land on a hard object like a dock or dry land.\n\u25baAnother way these things can happen is with skiers or tubers. You can imagine how this happens. If there's a skier or a tuber behind the boat and someone isn't paying close enough attention, they can collide with that person and the result, obviously, are no good.\n\u25baThe types of boats that we see. The first I'll start with is the old pontoon boat. They're not fast but they're popular and a lot of times people on pontoon boats get very relaxed, sometimes with substances or without. And so you can see propeller type injuries on pontoon boats.\n\u25baWe also see injuries sometimes, excuse me, in runabouts. These are sort of your basic boats. Some people call them speedboats. And when they're unstable, people can get thrown out, and even have those ejection injuries that we talked about earlier.\n\u25baAnd then of course we have problems on jet skis. If a jet ski hits something, there's obviously no occupant protection. There's nothing to protect the rider most of the time so collisions with jet skis tend to produce injuries. Often, a lot of times, they can be driven too fast and people get ejected off the back of a jet ski, maybe into a hard object or something like that.\n\nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc\nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm \nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/\nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFACEBOOK REVIEWS: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/\n\nCheck out our previous video: https:\/\/www.youtube.com\/watch?v=PShGcnGd0jw","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/x0p8BZSa_uc\/default.jpg","https:\/\/i.ytimg.com\/vi\/x0p8BZSa_uc\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/x0p8BZSa_uc\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/x0p8BZSa_uc\/sddefault.jpg"],"uploadDate":"2021-08-03T14:42:00+00:00","duration":"PT7M7S","embedUrl":"https:\/\/www.youtube.com\/embed\/x0p8BZSa_uc","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":221}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=x0p8BZSa_uc#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":1}]},"about":["Boating Accident"],"wordCount":937,"articleBody":"Families from across the southeast look forward to spending time on Georgia\u2019s lakes and coastline each summer.\u00a0 Fishing, sailing, water skiing, and cruising are just some of the activities enjoyed on Georgia\u2019s waterways.\u00a0 However, sometimes those activities end with an injury to one or more people through no fault of their own.\u00a0 If you or a loved one were injured or killed in a boating accident caused by the careless or negligent actions of another party, you may be entitled to compensation. The article below discusses who is liable or responsible for a boating accident in Georgia.Proving liability in the aftermath of a boating accident in GeorgiaGenerally, in Georgia, you cannot sue the owner of a car for injuries caused by another person using their car unless the owner has negligently entrusted the car to the person driving it.\u00a0 That means you not only have to prove that the driver was negligent, but also that the owner knew or should have know of the driver\u2019s propensity to drive without due care.However, Georgia has a special statute when it comes to boat owners.\u00a0 O.C.G.A. \u00a7 51-1-22 provides as follows:The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless the vessel is being used with his or her express or implied consent. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, the vessel is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner’s family.This statute is what is commonly called an \u201cowner-consent\u201d statute.\u00a0 This means that, as long as the owner has consented to the operator\u2019s use of the boat, the owner is liable or responsible for any harm caused by that operator\u2019s negligence.\u00a0 Additionally, there is a presumption of consent if the drive is an immediate family member of the owner.\u00a0 So, unlike a case involving a car, a person injured in a boating accident caused by the negligence of another must only show that the owner consented that person\u2019s use of the boat. \u00a0Owner-consent statutes make proving liability in the aftermath of a boating accident much simpler.Can I sue the boat rental company?Many times, the boats used on Georgia\u2019s waterways are rented from marinas around the state.\u00a0 Before a boat is rented, the renter typically signs a long, multi-page rental agreement.\u00a0 Boat rental companies often include terms in these agreements that are designed to get around Georgia\u2019s boat owner-consent statute.\u00a0 For example, a boat rental company may have the following terms in their rental agreements:The boat rental company gives consent for renter to operate the boat in a safe and prudent manner. The renter agrees to observe all safety rules, operating instructions, warning decals, and legal boating statutes including but not limited to the 5 important rules \u2013 wearing lifejackets, avoiding alcohol and drugs, propeller awareness and avoidance, idle speed only within 100 feet of anything, and avoiding excessive speed, wakes, and waves.The boat rental company does not consent for renter to operate the boat in violation of safety rules, operating instructions, warning decals, and legal boating statutes including but not limited to the 5 important rules. The renter agrees that in violation of rule or instructions, his operation of the boat is without the boat rental company\u2019s consent, and the rental will therefore be terminate.Rental provisions like the ones above attempt to contractually revoke the consent required for liability under O.C.G.A. \u00a7 51-1-22.\u00a0 However, Georgia law does not allow parties to contract around statutory liability.\u00a0 Despite this, boat rental companies will still try to argue that the are not liable, which is why you should contact a skilled boating accident attorney to help with your case.What is the deadline to file a claim after a boating accident?Victims of boating accidents in Georgia need to be aware of various time limits in place to file claims in the state. The statute of limitations for personal injuries is two years from the date of the injury. \u00a0If a person fails to file a claim within this time frame, they will likely be unable to recover any compensation for their loss.However, if the one of the alleged negligent parties (the boat owner or the operator) has been charged with a crime or could be charged with a crime related to the incident, and the statute of limitations may be paused until the investigation and prosecution are complete up to 6 years.Finally, if the alleged negligent party is a government employee acting within the scope of their work duties, the deadline to file a boating accident claim could be as little as six months to a year following the incident.Contact an attorney to help with your caseThe aftermath of a Georgia boating accident can become incredibly complicated. It is highly recommended that you secure a skilled boating accident attorney for help with your case. An attorney will help you understand whether or not you an owner is subject to liability under Georgia\u2019s boat owner-consent statute, conduct a complete investigation into the incident, and fight to secure the closure and compensation you deserve."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who is Responsible for a Boating Accident In Georgia?","item":"https:\/\/butlerfirm.com\/blog\/who-is-responsible-for-a-boating-accident-in-georgia\/#breadcrumbitem"}]}]