Maritime Products Liability
By Allen E. Graham

There are many components and products incorporated aboard a vessel to help ensure that the vessel is fit for its intended purpose. If a product or component being used aboard a vessel fails or otherwise causes injury or property damage, the law may impose liability against the vessel owner or operator for damages. In those cases, the owner/operator may have a maritime product liability claim to assert against a manufacturer and/or seller of the product for indemnity and/or contribution. The injured plaintiff may also have a maritime claim to assert against the manufacturer/seller directly.

There is a growing body of maritime products liability law beginning in 1986 and based upon the Restatement of Torts (2d) § 402A. In East River Steamship Corp. v. Transamerica Delavel, Inc. , the U.S. Supreme Court recognized that the law of products liability, including negligence and strict liability, is a part of the general maritime law. The policy underlying strict liability, that liability should be imposed on the parties who are best able to protect persons from hazardous products and equipment, applies in admiralty. A products liability claim is a separate and distinct cause of action and tort against the manufacturer, distributor and/or retailer of a product which requires the Plaintiff to prove:

1) That the Defendant sold or manufactured the product;
2) That the product was unreasonably dangerous or was in a defective condition when it left the Defendant's control; and
3) That the defect resulted in injury to the Plaintiff.

A product can be unreasonably dangerous and defective if it was negligently and defectively designed. Even without negligent design, a product can be unreasonably dangerous if the risks inherent to the product are greater than those a reasonable buyer would expect and the likelihood and gravity of harm outweigh the potential utility of the product. Finally, liability may be imposed upon sellers and manufacturers who fail to warn of defects in design or construction where the existence of the defect in the product is known and the manufacturer or seller, by the exercise of reasonable diligence, could have made such warning available to the user or consumer. These cases are proven by employing the concepts of safety engineering in identifying hazards with the use of a product and for each hazard, determine if the hazard is one that could be designed out of the product, a guard can be designed into the product to avoid the hazard, or, lastly, a warning be given to the user in hopes of avoiding the hazard.

The scope of persons subject to liability in a maritime strict liability case is broad and includes commercial suppliers of all types, manufacturers, and sellers or suppliers transporting their products. This can also include a person or corporation that is engaged in the construction, repair, or rebuilding of vessels.

The scope of damages available for plaintiffs successfully prosecuting a maritime products liability claim is the same as any injured plaintiff in a maritime negligence case. Generally, a maritime product liability plaintiff can recover lost wages, loss of future earning capacity, pain and suffering, mental anguish, emotional distress, past and future medical expenses, any other "condition" related expenses, loss of consortium and society, punitive damages (if warranted), prejudgment interest and costs.

Good luck and safe boating!