Title 52, Chapter 7, Section 14
( 52-7-14)
(a) Duty to render assistance and identify vessel and self. It shall
be the duty of the operator of a vessel involved in a collision,
accident, or other casualty, so far as he can do so without serious
danger to his own vessel, crew, and passengers, to render to other
persons affected by the collision, accident, or other casualty such
assistance as may be practicable and as may be necessary in order to
save them from or minimize any danger caused by the collision,
accident, or other casualty and also to give his name, address, and
identification of his vessel in writing to any person injured and to
the owner of any property damaged in the collision, accident, or
other casualty. (b) Good Samaritan clause. Any person complying with subsection (a)
of this Code section who gratuitously and in good faith renders
assistance at the scene of a vessel collision, accident, or other
casualty without the objection of any person assisted, shall not be
held liable for any civil damages as a result of the rendering of
assistance or for any act of assistance in providing or arranging
salvage towage, medical treatment, or other assistance if the
assisting person acts as a reasonably prudent man would have acted
under the same or similar circumstances. (c) Accident reports required. (1) All boating accidents must be reported to the department
within 48 hours of the accident if: (A) A person dies within 24 hours as a result of the accident; (B) A person is disabled for more than 24 hours; (C) A person requires medical treatment for injuries; (D) A person disappears from a vessel. (2) Reports of reportable boating accidents must be made within
five days if not earlier required by paragraph (1) of this
subsection. (3) Accident reports must be on forms supplied by the department,
which must be filled out in their entirety and dated and signed by
the person submitting the report. Such reports shall be filed by
the operator or, if no operator, by the owner of any vessel
involved in the boating accident. If the operator or owner is
incapable of making the report, the investigating officer shall
submit the report. Reports must contain at a minimum the
following information: (A) The name, address, and telephone number of each operator of
each vessel involved; (B) The number and name of each vessel involved; (C) The name, address, and telephone number of each owner of
each vessel involved; (D) The name of the nearest city or town, the county, the state,
and the body of water on which the accident occurred;
(E) The location of the accident on the water; (F) The time and date of the accident; (G) Visibility, weather, and water conditions; (H) The age, date of birth, vessel operating experience, and
boat safety training of the operator making the report; (I) The number of persons on board or towed on skis by each
vessel; (J) The name, address, and date of birth of each person fatally
injured; (K) The cause of death of each; (L) The name and address of each owner of property, other than
vessels or boats, involved; (M) The availability and use of personal flotation devices; (N) The type of fire extinguisher used; (O) The nature and extent of each injury resulting from the
accident; (P) A description of all property and vessel damage within an
estimated cost of repairs; (Q) A description of any equipment failures that caused or
contributed to the accident; (R) A description of the accident; (S) An opinion of the cause of the accident; (T) The make, model, type, hull identification number, beam
width, length, horsepower and type of motor, and hull material
of the reporting operator's vessel, and the year it was built. (4)(A) As used in this paragraph, the term "medical facility"
means any licensed general or specialized hospital,
institutional infirmary, public health center, or diagnostic and
treatment center. The term also includes, without being limited
to, any building or facility, not under the operation or control
of a hospital, which is primarily devoted to the provision of
surgical treatment to patients not requiring hospitalization and
which is classified by the Department of Human Resources as an
ambulatory surgical treatment center. (B) Any: (i) Physician, including any doctor of medicine licensed to
practice under the laws of this state; (ii) Licensed registered nurse employed by a medical facility; (iii) Security personnel employed by a medical facility; or
(iv) Other personnel employed by a medical facility whose
employment duties involve the care and treatment of patients
therein having cause to believe that a patient has had physical injury
or injuries inflicted upon him or her as a result of a
reportable boating accident shall report or cause reports to be
made in accordance with this paragraph. (C) An oral report shall be made immediately by telephone or
otherwise and shall be followed by a report in writing, if
requested, to the person in charge of the medical facility or
his or her designated delegate. The person in charge of the
medical facility or his or her designated delegate shall then
notify the local law enforcement agency having primary
jurisdiction in the area in which the medical facility is
located of the contents of the report. The report shall contain
the name and address of the patient, the nature and extent of
the patient's injuries, and any other information that the
reporting person believes might be helpful in establishing the
cause of the injuries and the identity of the perpetrator. (D) Notwithstanding any other provision of law, copies of
medical records relating to the treatment of such patient shall
be furnished to the investigatory law enforcement officer of the
department, or any local, state, or federal law enforcement
agency upon receipt of a written request or subpoena issued by
such law enforcement agency or the prosecuting attorney having
jurisdiction over such accident. Such medical records shall be
handled in a manner which assures the confidentiality of such
records. (E) Any person or persons participating in the making of a
report or causing a report to be made to the appropriate police
authority pursuant to this paragraph or participating in any
judicial proceeding or any other proceeding resulting therefrom
shall in so doing be immune from any civil liability that might
otherwise be incurred or imposed, providing such participation
pursuant to this paragraph shall be in good faith. (d) Salvage rights. Any person who fails to salvage any vessel
within 12 months after its sinking shall forfeit his ownership to
the vessel and thereafter any person may salvage and claim the
vessel. (e) Official authority. Any officer empowered to enforce this
article shall have the authority to stop, board, and detain any
vessel involved in a reportable boating accident and to continue the
detention of such vessel if necessary for evidentiary purposes for
such reasonable period of time as such necessity continues. |