No Admiralty Jurisdiction for Carbon Monoxide Poisoning on Recreational Vessel

In the Matter of the Complaint of Michele A. D'ancona, 2023 WL 7403897, 2023 U.S. Dist. LEXIS 201841 * (E.D. N.Y. Nov. 9, 2023)

           Does a court have admiralty jurisdiction over a claim for wrongful death due to carbon monoxide poisoning on the vessel? The owner of the vessel filed for exoneration from or limitation of liability with claims for the wrongful death of two passengers filed in the limitation proceeding. The magistrate to whom the case was assigned recommended dismissal of the claim and lifting of the stay.

           The trial judge agreed on the basis that the vessel was docked at a boat slip adjacent to land when they died in the vessel due to carbon monoxide poisoning.[1] This type of incident hardly poses a risk to affect maritime commerce.[2] The Second Circuit Court of Appeals encountered a similar issue in Tandon v. Captain's Cove Marina of Bridgeport, Inc.,[3] 752 F.3d 239, 247 (2d Cir. 2014) In Tandon, the parties fell into the water after a fight broke out on the dock. The Court of Appeals noted that the risk of any affect on maritime commerce is negligible.[4] The claimants failed to explain how the carbon monoxide leak could affect maritime commerce. The matter fails the test for admiralty jurisdiction.

[1] 2023 WL 7403897 at *2

[2] Id.

[3] 752 F.3d 239 (2d Cir. 2014)

[4] Id.