The Federal Boat Safety Act of 1971 and Propeller Strike Injuries: An Unexpected Exercise in Federal Preemption
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THE FEDERAL BOAT SAFETY ACT OF 1971 AND
PROPELLER STRIKE INJURIES: AN UNEXPECTED
EXERCISE IN FEDERAL PREEMPTION
Amy P. Chiang
INTRODUCTION
June 6, 1993 was a beautiful day to spend on the water. Kathryn
Lewis was doing just that-boating with her boyfriend and his family
on Strom Thurmond Lake in Georgia.' The boat was outfitted with a
Brunswick outboard motor2 Although the motor did not have a
propeller guard,3 no one gave it second thought. Everyone took turns
riding on an inner tube that was pulled behind the boat. During
Kathryn's boyfriend's turn to ride on the inner tube, the driver made a
sudden sharp turn.' In an instant, Kathryn fell or was tossed off the
left side of the boat She tumbled into the water and onto the
motor's propeller blades.6 The blades repeatedly struck Kathryn's
head and body as her boyfriend's family watched in horror2 She died
immediately.
* I dedicate this Note to my family, Frank, Lisa, and David, and Mercer
Borden. I thank them for their patience, understanding, and support throughout this
process. In addition, I thank Professor Joseph Sweeney for helping me develop this
topic and Note at its early stages.
1. See Lewis v. Brunswick Corp., 107 F.3d 1494, 1497 (11th Cir.), cert. granted,
118 S. Ct. 439 (1997), cert. dismissed, 118 S. Ct. 1793 (1998). This fact pattern is
loosely based on the Lewis case; details have been added.
2. See id. at 1497. An outboard motor is a small internal combustion engine
with [the] propeller integrally attached for mounting at the stem of a small boat.
Merriam Webster's Collegiate Dictionary 825 (10th ed. 1997).
3. See Lewis, 107 F.3d at 1497. A propeller guard is a device that covers the
blades of a propeller motor to prevent contact between the blades and other objects,
including people. See also infra note 80 (describing types of guards that are available
on the market today). Its purpose in this context is to protect people from propeller
strike injuries caused by coming into contact with the blades.
4. See id
5. See id
6. See id
7. See id.
8. See id](ViewImageLocal?handle=hein.journals/flr68&div=22&collection=&method=preview&ext=.png&size=3)
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The Federal Boat Safety Act of 1971 and Propeller Strike Injuries: An Unexpected Exercise in Federal Preemption
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