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15 Loy. Consumer L. Rev. 331 (2002-2003)
Sprietsma v. Mercury Marine: Allowing State Regulation of Boat Engine Manufacturers through Products Liability Lawsuits

handle is hein.journals/lyclr15 and id is 339 raw text is: Sprietsma v. Mercury Marine: Allowing State Regulation of Boat Engine Manufacturers Through Products Liability Lawsuits Richard Cutshall* I. Introduction In 2000, nearly 13 million boats and watercraft were owned and operated within the United States.1 In the same year, there were nearly 8000 accidents, injuring more than 4300 people-701 fatally.2 Of those fatal incidents, 25 involved contact with the boat's propeller at some point in the chain of events.3 In 2000, a total of 88 incidents involved propeller strikes.4 That is, 28% of the propeller strikes reported in 2000 were fatal. Only two other types of boating accidents-capsizing and falls overboard-killed people more consistently.5 Despite these numbers, the United States Coast Guard, which regulates boat safety under the Federal Boat Safety Act (FBSA), has decided not to require propeller 6 guards or other technology that could help prevent propeller strikes. Many products liability lawsuits have been filed against boat * Richard Cutshall, J.D. candidate, May 2004, Loyola University Chicago School of Law; B.A., Political Science, 2001, University of Minnesota. The author would like to thank his family and friends for all their help and support. I U. S. COAST GUARD, BOATING STATIsTIcs 2000, 6 (Oct. 1, 2000), http://www. uscgboating.org/statistics/Boating-Statistics_2000.pdf. 2 Id. at 9. ' Id. at 21. 4 Id. at 27. 5 Capsizing was fatal in 205 of 502 accidents, a rate of 40.8%, and falls overboard were fatal in 213 of 610 accidents, a rate of 35%. Id. at 27. 6 See Sprietsma v. Mercury Marine, 123 S. Ct. 518, 525 (2002) [hereinafter Sprietsma III].

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