1.23.070 Owner's Civil Liability

The Indian owner of a snowmobile shall be liable for any injury or damage occasioned by the negligent operation of such snowmobile whether such negligence consists of a violation of the provisions of the statutes of the Turtle Mountain Jurisdiction, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The Indian owner shall not be liable, however, unless such snowmobile is being used with his or her express or implied consent. It shall be presumed that such snowmobile is being operated with the knowledge and consent of the Indian owner, if at the time of the injury or damage, it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained herein shall be construed to relieve any other Indian person from any liability which he would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.