State-court tort action by seaman against shipowner can proceed if defendant's right to limited liability is protected

Law Reporter, Jun 2001

Cammon v. City of New York, 95 N.Y.2d 583 (2000).

The New York Court of Appeals held that federal maritime law does not necessarily preempt state labor law in a personal injury case.

Here, a foreman dock builder was injured while working at a marine transfer station. He sued a general contractor and the station's municipal owner-operator in state court, alleging violations of state labor law. The trial court granted defendants' motion for summary judgment on the ground that federal maritime law applies to the incident and preempts state labor law.

An intermediate appellate court reversed this decision and reinstated the complaint. Defendants appealed, contending that since the state law imposes strict liability while maritime law requires actual proof of negligence, imposing state standards where admiralty jurisdiction exists would disrupt the uniformity of federal maritime law.

Affirming, the state high court observed that protection of workers engaged in maritime activities is one of the objectives of federal maritime law. State application of strict liability here will not unduly interfere with the federal interest in maintaining the free flow of maritime commerce, the court reasoned, as local regulations that govern only liability issues with respect to landowners and contractors within a state have no extraterritorial effect. If a tort is maritime but local and carries no far-reaching implications for vessels or seafarers, application of local law poses no threat to the uniformity of federal maritime law, the court said.

Also, the concept of strict liability is not necessarily antithetical to federal maritime law, the court found. For example, the doctrine of seaworthiness imposes an absolute and nondelegable duty on vessel owners. The U.S. Supreme Court has recognized the importance of state police powers to protect the health and safety of its citizens and has authorized the application of state strict liability statutes in admiralty cases, the court noted.

Plaintiff's Counsel

*Paul T. Hofmann, New York, N.Y.