Q: Am I personally liable for a friend's injury on a rental boat in Georgia?
I was involved in an incident where a friend of mine was injured on a rental boat. He was pulling up the anchor and asked me to give it some gas to unstick it, but I gave too much throttle, and the rope caught around his finger, cutting off the tip. The rental agreement stated that misuse of equipment resulting in injury is the renter's responsibility. My friend claims that he is filing a lawsuit against the rental company's insurance, and it won't come out of my pocket. I haven't received any official communication regarding the lawsuit or insurance claim. Should I be concerned about my personal liability in this situation or accept his assurance that the claim is only against the rental company?
A:
There is a difference between a claim and a lawsuit. If your friend is pursuing a claim, he can do that directly with the insurance company. However, if he is filing a lawsuit, you will be sued as the defendant since you are the alleged negligent party. Whenever a person is named in a lawsuit, his/her personal assets are at risk to satisfy a judgment rendered in favor of the injured party. But there is a silver lining.
If there is an insurance policy which provides coverage to you whether that is through the rental company's insurance company or otherwise, the insurance company has a contractual duty to provide you a defense (i.e., hire you an attorney at its expense to defend you to the lawsuit) and to pay any settlement or judgment up to the policy's limits. If the insurance company's policy limits are insufficient to resolve the claim, then your personal assets would again be at risk. At this point, the best advice is to reach out to the insurance company you believe provides you coverage to determine (1) there is in fact coverage for you for your friend's injury and (2) the amount of the policy limits.
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