New York Federal Court Finds Coast Guard Immune To Negligence Claim

Monday, September 30, 2002
In Smith v. United States Coast Guard, 2002 WL 31094803 (S.D.N.Y. September 16, 2002), plaintiffs, passengers aboard the CONSERVATOR, which capsized in 1998, sued the Coast Guard for negligence in (a) certifying the vessel for the carriage of passengers, (b) failing to warn plaintiffs of the vessel's dangerous condition, and (c) failing to conduct a reinspection of the vessel. The court dismissed the claims, finding they fell within the implied discretionary exception to The Suits in Admiralty Act. Source: Marine Legal Update

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