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Minnesota Legislature

Office of the Revisor of Statutes

86B.341 DUTIES AND LIABILITIES AT ACCIDENT OR INCIDENT.
    Subdivision 1. Operator's duty at accident or incident. (a) The operator of a watercraft
involved in an accident or incident resulting in injury or death to a person or in damage to property
shall, if possible without serious danger to the watercraft or the persons aboard, immediately stop
at the scene of the accident or incident and render assistance as may be practicable and necessary.
(b) The operator must give the operator's name, address, and license number of the watercraft
and the name and address of the owner of the watercraft to the person injured or the operator or
occupants of the other watercraft or owner or occupant of the property involved. The operator must
promptly report the accident or incident to the sheriff of the county where the accident or incident
occurred. Sheriffs are required to report all accidents and incidents to the commissioner of natural
resources, who must periodically transmit a summary of the reports to the commissioner of public
safety, and transmit statistics on boating accidents and incidents to the United States Coast Guard.
    Subd. 2. Owner's and operator's liability. (a) The owner and operator of a watercraft are
jointly and severally liable for any injury or damage caused by the negligent operation of a
watercraft whether the negligence consists of a violation of the provisions of the statutes of this
state or neglecting to observe ordinary care in the operation as the common law requires. The
owner is not liable if the watercraft is being operated without the owner's express or implied
consent. It is presumed that the operation of a watercraft is with the knowledge and consent of the
owner if at the time of the injury or damage the watercraft is under the control of the owner's
spouse, father, mother, brother, sister, son, daughter, or other member of the owner's immediate
family.
(b) This subdivision may not be construed to:
(1) relieve other persons from liability which the persons would otherwise have; or
(2) authorize or allow recovery in excess of the injury or damage actually incurred.
History: 1990 c 391 art 9 s 20; 1994 c 615 s 8