LaPlante

Daniel LaPlante appeals from a summary judgment rendered against him and in favor of defendants Wellcraft Marine Corp., Genmar Holdings, Inc., and Galaxie Miller’s Landing, Inc., on LaPlante’s complaint for negligence, strict liability and breach of warranty. His claims arose from serious personal injuries he suffered in a boating accident. The trial court granted summary judgment on the ground that LaPlante’s claims were preempted by the Federal Boat Safety Act of 1971 (FBSA). ( 46 U.S.C. § 4301 et seq.) LaPlante contends that (1) the trial court erred in ruling that the FBSA preempted the entire field of boat safety, (2) even if the FBSA preempted certain aspects of the field of boat safety, it did not preclude his common law claims, and (3) even if the FBSA preempted the entire field of boat safety and common law claims, it did not preempt claims for negligent employment of safety devices as contrasted with a failure to employ them.

We conclude that LaPlante’s claims were not preempted and reverse the summary judgment.

Factual and Procedural Background

In 1998, LaPlante, then age 11, was a passenger sitting in the bow of a recreational boat designed and manufactured…