Archive: June 18, 2013

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Maritime Law Does Not Preempt State Safety Laws When The State Laws Do Not Unduly Interfere With Maritime Law

Maritime Law Does Not Preempt State Safety Laws When The State Laws Do Not Unduly Interfere With Maritime Law

Durando v. City of New York, 963 N.Y.S.2d 670 (N.Y. App. Div. 2013)

In this case, the New York Appellate Division, Second Department, addressed the interaction of New York state construction law and federal maritime law in the context of a construction worker’s personal injury suit, and held that local regulations will not be preempted when they do not unduly interfere with a fundamental characteristic of maritime law or the free flow of maritime commerce.

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