The
Supreme Court of the United States will again address
the question whether the Federal Boat Safety Act preempts
state product liability causes of action. Sprietsma
v. Mercury Marine, 01-0706.
Jeanne
Sprietsma fell from a motor boat and was fatally injured
by the outboard motor's propeller blades. Her husband's
wrongful death action against the manufacturer alleged
that the motorboat was defectively designed because it
did not include a propeller guard.
The
Illinois Supreme Court held that plaintiff's cause of
action was barred by the Federal Boat Safety Act of 1971,
which preempts state laws and regulations not identical
to regulations prescribed under the Act. The court noted
that the U.S. Coast Guard in 1998 considered whether to
require manufacturers to install propeller guards but
decided to take no action. According to the Illinois court,
"a damage award would, in effect, create a propeller
guard requirement, thus frustrating the objectives of
Congress in promulgating the FBSA." The U.S. Supreme
Court granted review.
AAJ
filed an amicus curiae brief, prepared by Ross Diamond,
of AAJ's Admiralty Law Section, in support of the plaintiff.
AAJ argues that the statute does not indicate a clear
intent on the part of Congress to preempt state tort actions.
In addition, AAJ argues that the accident in this case
is governed by federal maritime law and is not affected
by preemption of state law remedies.
