Under Georgia Law, Is a Boater Liable If a Passenger Falls Overboard During a Ride in Macon?

Introduction

This article examines Georgia statutes concerning boat operation and water safety in the context of passenger injuries on waterways.

Scenario

A boat operator takes passengers on a recreational ride on Lake Tobesofkee near Macon, Georgia. During the ride, the operator makes a sharp turn at high speed. A passenger standing in the boat loses balance and falls overboard into the water. The passenger sustains injuries from the fall and subsequent struggle in the water. Life jackets are available on the boat but the passenger was not wearing one at the time.

Georgia Law

Reckless Operation of Vessels

Georgia Code § 52-7-13(a): “No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”

Personal Flotation Devices

Georgia Code § 52-7-15(a): “Every vessel shall have on board one wearable Coast Guard approved personal flotation device in good condition and of appropriate size for each person on board. All children under 13 years of age must wear a Coast Guard approved personal flotation device while on board any moving vessel, except when the child is in an enclosed cabin.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Boating Under the Influence

Georgia Code § 52-7-12(a): “No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while: (1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, or manipulate such moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device.”

Conclusion

The scenario describes a passenger falling overboard from a boat on Lake Tobesofkee near Macon, Georgia. Georgia Code § 52-7-13 prohibits reckless vessel operation. Georgia Code § 52-7-15 addresses personal flotation device requirements. Georgia Code § 51-1-2 establishes the general duty of care. These statutes establish the framework for boater responsibilities under Georgia law.

FAQ

Q: What does Georgia Code § 52-7-13 prohibit? A: Georgia Code § 52-7-13(a) prohibits operating “any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”

Q: What personal flotation device requirements exist under Georgia Code § 52-7-15? A: Georgia Code § 52-7-15(a) requires “one wearable Coast Guard approved personal flotation device in good condition and of appropriate size for each person on board.”

Q: Who must wear personal flotation devices under Georgia law? A: Georgia Code § 52-7-15(a) states: “All children under 13 years of age must wear a Coast Guard approved personal flotation device while on board any moving vessel, except when the child is in an enclosed cabin.”

Q: Where are boating safety laws found in the Georgia Code? A: Boating safety laws are found in Georgia Code Title 52, Chapter 7.

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.

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