Ryan v. Brunswick Corp.

i

In this case we consider whether provisions of the Federal Boat Safety Act (fbsa), 46 USC 4301-4311, preclude claims of negligence arising from the failure to design, manufacture, or equip a recreational motorboat with a propeller guard and the failure to warn others of the dangers associated with the unguarded propeller. We hold that plaintiffs claims are preempted by the actions of the National Boating Safety Advisory Council and the concomitant acceptance by the United States Coast Guard of the recommendation that it “should take no regulatory action to require propeller guards” 1 that…