I am not a legal beagle here but my take on this is if you own the boat, you're on the boat, you're responsible "Owner/Operator"
It could be argued that the driver is the skipper regardless of who owns the boat.. if you are drunk and let someone drive you home in your car... and they crash and kill someone... you (the passenger/owner) are not at fault
Andrew you are going apples to oranges here. Think of it this way; you're out sailing and the skipper/driver of your boat is reckless, not abiding to the laws, and creating an unsafe situation that may put life and property in peril
are you going to take action to stop the behavior? If not, in some states you are not only liable in the civil courts but you could also be criminally prosecuted. Property damage would probably result in a Recklessness charge, life or bodily injury in a criminal negligence charge should the authorities want to go after you.
This was the explanation that was given to me recently by my lawyer as I had looked into doing a non-incorporated partnership on a boat. My question was what is the worse case scenario I could be exposed to? The above was what was one of the many of; you don't want to do this and here is why topics, that was outlined to me - here is the catch I don't even have to be on the boat.
Oh! It gets better, should the skipper actions result in a criminal offense your insurance may say tough ****, and then your really on hook.
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