Admiralty

O'Sullivan, Brendan P.

Journal: University of Miami Law Review

Volume: 31

First Page: 785

Year: 1977

Bluebook Citation: 31 U. MIAMI L. REV. 785 (1977)

Author: Brendan P. O'Sullivan: all 3 publications


Abstract

This article examines what has been a troublesome area of admiralty law for Florida courts and practitioners, the Florida boating law. Through case and statutory analysis the author demonstrates that the Florida law conflicts with federal maritime law by imposing a higher standard of care for boat operators and a more limited scope of liability for boat owners. The author points out that Florida courts have engaged in strained readings of the Florida statute in order to make it conform to federal maritime law and concludes that such readings are not warranted and that the Florida Statute should be declared invalid.

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