Maritime Product Liability Claims

When a Defective Marine Product Causes an Accident

People aboard boats and other vessels rely on dozens of products and systems to operate safely.

Engines provide propulsion. Steering systems allow operators to control the vessel. Fuel systems must contain potentially flammable materials. Railings help prevent falls. Life jackets and emergency equipment are intended to protect people when something goes wrong.

When one of those products fails unexpectedly, the consequences can be serious.

A defective steering component could prevent an operator from avoiding a collision. A faulty fuel system could contribute to a fire or explosion. A defective ladder or railing could cause someone to fall into the water.

When a dangerous or defective product contributes to an injury, the company responsible for designing, manufacturing, or supplying that product may potentially be liable.

Marine Products That May Be Defective

Product liability claims can involve the vessel itself or individual components and equipment used aboard it. Potentially defective marine products may include:

• Boats and personal watercraft
• Engines and propulsion systems
• Steering systems
• Propellers
• Fuel tanks and fuel lines
• Electrical systems
• Batteries
• Navigation equipment
• Throttle controls
• Bilge pumps
• Fire-suppression systems
• Railings and handholds
• Ladders
• Seats and restraints
• Life jackets and flotation devices
• Emergency signaling equipment
• Diving and snorkeling equipment
• Jet skis and other recreational watercraft
• Commercial fishing or deck equipment

The U.S. Coast Guard maintains information about safety defects and recalls involving recreational boats and associated equipment. A recall or reported defect may become important evidence when investigating whether a similar problem contributed to an accident.

However, a product does not necessarily need to have been recalled before an injured person may have a potential claim.

Types of Maritime Product Defects

Product liability claims can arise in several ways depending on what went wrong.

Design Defects

A product may be dangerous because of the way it was designed.

For example, a component may be unable to withstand reasonably expected marine conditions, or a safety feature may fail to adequately protect users from a foreseeable hazard.

In these cases, the problem may affect multiple products manufactured according to the same design.

Manufacturing Defects

A product can also be properly designed but become dangerous because something went wrong during manufacturing or assembly.

Improper materials, faulty installation, missing components, defective welds, or other production errors may cause an individual boat or piece of equipment to fail unexpectedly.

Inadequate Warnings or Instructions

Some marine products involve risks that may not be obvious to the person using them.

Manufacturers may need to provide appropriate warnings or instructions about safe operation, installation, maintenance, or foreseeable hazards associated with a product.

A failure to provide adequate information may potentially contribute to liability when that omission leads to an injury.

How Defective Products Can Cause Maritime Accidents

A marine product failure does not always create a single, obvious accident. Instead, one defective component can trigger a chain of events.

A steering failure could cause a vessel to veer into another boat. An engine problem could leave a vessel disabled in dangerous conditions. A defective fuel system could allow vapors to accumulate before an explosion. Product defects may contribute to:

• Vessel collisions
• Fires and explosions
• Groundings
• Loss of steering or propulsion
• Capsizing
• Flooding or sinking
• Propeller injuries
• Falls overboard
• Electrical shocks
• Diving accidents
• Emergency equipment failures
• Injuries during boarding or disembarking

Determining whether a product caused the accident may require examining the vessel, damaged components, maintenance records, engineering evidence, and information from the manufacturer.

Who May Be Responsible for a Defective Marine Product?

The company whose name appears on the boat may not be the only party involved in producing the component that failed. Modern vessels often contain equipment and parts manufactured by numerous companies. Depending on the circumstances, potentially responsible parties may include:

• The vessel manufacturer
• A component manufacturer
• An equipment manufacturer
• A distributor
• A retailer or seller
• An importer
• A company that assembled or installed the product
• A vessel owner or operator
• A rental or charter company
• A maintenance or repair provider

Different parties may also be responsible for different failures.

For example, a manufacturer could produce a defective component while a maintenance company later fails to identify or properly repair the problem.

An investigation may therefore need to examine both whether the product was defective and whether another party's negligence contributed to the accident.

Product Liability Under Maritime Law

Maritime product liability cases can involve rules that differ from ordinary land-based injury claims.

The U.S. Supreme Court has recognized product liability, including strict product liability principles, as part of general maritime law.

Depending on the circumstances, claims involving a defective maritime product may be based on theories such as negligence, strict liability, or failure to provide adequate warnings.

Which laws apply can depend on factors such as where the accident occurred, how the product was being used, the type of vessel involved, and the nature of the injury.

That can make determining the applicable law an important part of investigating a maritime product liability claim.

The Importance of Preserving the Defective Product

The boat or equipment involved in an accident can be one of the most important pieces of evidence in a product liability case. If a failed component is repaired, discarded, altered, or destroyed before it can be examined, determining exactly why it failed may become much more difficult. Potential evidence may include:

• The defective boat or component
• Photographs and videos
• Serial and model numbers
• Product packaging
• Owner's manuals and instructions
• Maintenance and repair records
• Purchase receipts
• Inspection records
• Recall notices
• Manufacturer communications
• Prior complaints involving similar products
• Vessel logs
• Accident reports
• Witness statements
• Medical records

Engineers or other experts may sometimes examine the product to determine whether a design, material, manufacturing process, or other defect contributed to the failure.

Preserving the product in its post-accident condition whenever possible can therefore be important.

What if the Product Was Recalled?

A recall may indicate that a manufacturer or regulator identified a safety concern involving a particular product.

The Coast Guard tracks recalls and safety defects involving recreational boats and associated equipment and allows boaters to search for reported problems.

If the boat or component involved in an accident was subject to a recall, investigators may examine what defect prompted the recall, when the manufacturer became aware of the issue, whether appropriate notices were issued, and whether the defect contributed to the injury.

A recall does not automatically establish liability, just as the absence of a recall does not necessarily mean a product was safe.

The specific facts surrounding the accident still matter.

Compensation After a Defective Marine Product Accident

A defective marine product can cause burns, traumatic brain injuries, spinal cord injuries, broken bones, amputations, drowning-related injuries, and other serious harm. Depending on the circumstances, an injured person may be able to pursue compensation for losses such as:

• Medical expenses
• Future medical treatment
• Lost income
• Reduced earning capacity
• Pain and suffering
• Rehabilitation expenses
• Disability
• Other accident-related losses

Fatal accidents involving defective marine products may also give eligible family members or the person's estate grounds to pursue a wrongful death claim, depending on the circumstances and applicable law.

Maritime workers may have additional legal rights depending on their occupation, employment relationship, and the circumstances surrounding the accident.

Morgan & Morgan May Be Able to Help

Marine product liability cases can require determining exactly which component failed, who designed and manufactured it, whether similar problems occurred before, and how the defect contributed to the accident.

Morgan & Morgan's maritime accident attorneys can investigate what happened, preserve important evidence, identify potentially responsible companies, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee is Free®, you pay nothing unless we win your case.