2023 CODE OF GEORGIA
Title 51 - TORTS (§§ 51-1-1 — 51-16-5)
Chapter 1 - GENERAL PROVISIONS (§§ 51-1-1 — 51-1-57)
Section 51-1-22.1 - [Liability of boat livery]

• (a) As used in this Code section, the term:
  • (1) "Boat livery" means a business which holds any vessel for renting, leasing, or chartering.
  • (2) "Vessel" means a self-propelled, motorized boat or vessel having a length of more than 16 feet with a depth of more than 16 inches, used or capable of being used as a means of transportation on water. Such term includes but is not limited to personal watercraft as defined in Code Section 52-7-8.2. Such term excludes an inflatable or whitewater raft, unless such vessel is self propelled or motorized. Such term excludes a seaplane.

• (b) Provided that a boat livery obtains and carries insurance coverage as provided for in subsection (c) of this Code section:
  • (1) The operator of a vessel rented, leased, or chartered from a boat livery shall be liable for any injury or damage occasioned by the negligent operation of such 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; and
  • (2) Such boat livery shall not be liable as an owner as provided for in Code Sections 51-1-21 and 51-1-22 and shall only be liable for any tort caused by the operation of a vessel that the boat livery rented, leased, or chartered:
    • (A) To an individual who the boat livery knew or should have known at the time of or before providing the vessel was not a reasonably safe operator of the vessel;
    • (B) To an individual who the boat livery knew or should have known did not meet the applicable requirements provided for in Code Section 52-7-8.3 or 52-7-22;
    • (C) To an individual who the boat livery knows is operating the vessel in a manner that is reckless or under the influence of any substance such that the judgment of the operator is substantially impaired, and the boat livery does not take reasonable steps to ensure such vessel is not operated in such a manner;
    • (D) When a reasonable inspection revealed or should have revealed that such vessel was not in reasonably safe operating condition; or
    • (E) When such vessel was not in reasonably safe operating condition based on acts or omissions of the boat livery.

• (c)
  • (1) In order to avail itself of the protections provided in subsection (b) of this Code section, a boat livery shall not rent, lease, or charter or offer to rent, lease, or charter a vessel without first obtaining and maintaining in full force and effect a policy from a licensed insurance carrier in this state or a nonadmitted insurer through a licensed surplus lines broker that provides coverage for such boat livery against any accident, loss, injury, property damage, or other casualty caused by or resulting from the operation of a boat livery vessel. Such policy shall provide coverage of not less than $500,000.00 per person per occurrence and not less than $1,000,000.00 in the aggregate per occurrence.
  • (2) A boat livery shall have proof of such insurance coverage available for inspection at the location where the boat livery rents, leases, or charters vessels.

Added by 2024 Ga. Laws 590,§ 1, eff. 5/6/2024.