Dianne Dewitt--a New York resident--was injured in Massachusetts after she fell off an inflatable raft that was being towed by a motor boat.
At the time of the accident, the vessel was being operated by someone other than the owner; an independent contractor. Under both New York and Massachusetts laws, Dewitt sued Kenneth Poovey, the boat owner, (and others) alleging "negligent hiring," "direct negligence," and further asserting "respondent superior" theories.
While the New York County Supreme Court declined to dismiss the claims, the Appellate Division, First Department, didn't think "negligent hiring" applied--because the accident occurred on private property, during a private party that was attended only by invited guests. (Apparently that wasn't the kind of interaction with "members of the public" which Massachusetts law required.)
And although owners and operators have a duty to operate a motor boat in a reasonably safe manner, since Poovey hadn't been at the scene of the accident, and had hired an experienced operator who safely operated the motor boat in the past, "direct negligence" under Massachusetts law didn't apply.
But because the record was unclear as to what extent the owner "controlled" the operator, the "respondent superior" and "agency" theories were permitted to survive.
Talk about some rough waters ...
To view a copy of the Appellate Division's decision, please use this link: Dewitt v. Poovey