The little book of boating law
By: Cecil C. Kuhne III
Publisher: American Bar Association
Published: 2012
Place of publication: Chicago, Ill
Language: eng
Number of pages: 149
ISBN-13: 9781614387398
Subjects: Boating accidents; Boats and boating; Law and legislation; Liability (Law)
Other titles: Boating law
Description: "Americans love boats for the irreplaceable pleasure they bring. And American lawyers love boaters for the endless litigation they bring. The glorious realm of boating is filled with perplexing legal complications and a healthy amount of business for the trial community too. There are hoards of people going into the water inadvertently - either from nasty capsizes that result from crossing powerful wakes, from unfortunate encounters with dreaded 'sneaker waves,' or from simply falling overboard after drinking too much - and these individuals often sue for damages. Engaging legal theories are also frequently involved in these boating cases. Assumption of risk sometimes comes into play, but often with differing results, depending on the circumstances. And the doctrine of negligent entrustment might, for instance, become relevant when it involves a high-speed motorboat and a very immature 15-year-old trying to impress his girlfriend. Environmental and animal-rights issues also arise and even intellectual property questions, of all things, are sometimes involved with boats. Featuring 16 fascinating cases and excerpts from some of history's most distinguished authors who loved the water - including Mark Twain, Jack London, and Henry David Thoreau - The Little Book of Boating Law aptly confirms that a bad day on the water is still infinitely better than a good day at work"--P. [4] of cover.
Notes: Includes bibliographical references and index.
Table of contents: title: Beware the wake: looming liability for boat capsizes (Engle v. Stull, 377 F.2d 930 (D.C. Cir. 1967)); title: Man overboard: proving that water and alcohol don't mix (Hutchinson v. Dickie, 162 F.2d 103 (6th Cir. 1947)); title: Youthful boat driver: testing the negligent entrustment doctrine (Pritchett v. Kimberling Cove, Inc., 568 F.2d 570 (8th Cir. 1977)); title: Sneaker waves: the duty to warn passengers (Weddle v. West, 275 F. Supp. 165 (W.D. Wash. 1967)); title: Whaling protests: don't mess with the Coast Guard (Woodyer v. U.S., 334 F. Supp. 2d 1263 (W.D. Wash. 2004)); title: What's in a name?: trademark infringements for speed boats (AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979)); title: Swimmer alert: treading the currents of rescue attempts (Roane v. Greenwich Swim Committee, 330 F. Supp. 2d 306 (S.D.N.Y. 2004)); title: Wilderness paddling: legal grounds for prohibiting motors (Friends of Boundary Waters v. Robertson, 978 F.2d 1484 (8th Cir. 1992)); title: The perfect storm: boat damage from wind and waves (In Re Banks Petition, 133 F. Supp. 276 (E.D.N.Y. 1955)); title: Whitewater rafting: standards for assumption of the risk (Ferrari v. Grand Canyon Dories, 38 Cal. Rptr. 2d 65 (1995)); title: Plastic kayaks as widgets: litigating royalty payments (McClaran v. Plastic Industries, Inc., 97 F.3d 347 (9th Cir. 1996)); title: The perils of inner tubing: finding fault for personal injuries (Bjork v. Mason, 92 Cal. Rptr. 2d 49 (2000)); title: Oil spill: spoiling the waters of pleasure boaters (Oppen v. Aetna Insurance Co., 485 F.2d 252 (9th Cir. 1973)); title: The party barge: a test of maritime skills (Wade v. Grace, 902 S.W.2d 785 (Ark. 1995)); title: Release of liability: a matter of public policy (Dobratz v. Thomson, 455 N.W.2d 639 (Wisc. 1990)); title: Jet skis: a full-fledged vessel? (Keys Jet Ski, Inc. v. Kays, 893 F.2d 1225 (11th Cir. 1990)).