Feasel v. Tracker Marine LLC
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The Supreme Court remanded this case to the district court for further proceedings, holding that, as a matter of law, a boat manufacturer or supplier owes a duty to adequately warn passengers of dangers associated with the failure to wear a stop switch lanyard.
Craig Feasel was severely injured when he and the driver of a boat, Monty Martinez, were ejected into the water. Martinez was not wearing the stop switch lanyard at the time of the ejection. Feasel argued that Defendants - the boat manufacturer and the engine manufacturer - were liable for his injuries because they failed adequately to warn the driver of the danger associated with failure to wear the lanyard and failed in their duty to warn boat passengers of the danger. The district court granted summary judgment for Defendants. The court of appeals reversed. The Supreme Court remanded the case, holding (1) the standard for determining the adequacy of a warning is that the warning must be of an intensity and at a level of specificity justified by the magnitude of the risk; and (2) this Court adopts a standard of reasonableness to determine whether warnings regarding the dangers of not wearing a lanyard must be issued directly to the passenger or an intermediary may be relied upon to convey the warnings.
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