Pennsylvania
How Blais v. McGowan applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Maritime & Admiralty Law.
Pennsylvania follows general principles of maritime law but also recognizes unique state statutes and case law in dealing with maritime torts. Courts often assess cases with regard to both federal maritime standards and state-specific regulations where appropriate.
In Pennsylvania, the rule emerging from Blais v. McGowan emphasizes the necessity of demonstrating a breach of duty within the context of actions taken while navigating maritime activities, and the standards of negligence under Pennsylvania law.
Held that negligence in maritime contexts is assessed through the lens of the duty of care owed by vessel operators to ensure passenger safety.
Confirmed the application of state tort law in maritime cases where state interest is implicated.
Reiterated that maritime law in Pennsylvania must also align with federal standards unless state law provides a greater remedy.
While Pennsylvania law generally aligns with federal maritime principles, it occasionally diverges, especially in cases involving state-created maritime liabilities. This allows for broader protections for plaintiffs in instances where state statutes complement federal maritime laws.
Expect questions involving the application of maritime principles under Pennsylvania law, particularly regarding negligence and liability in cases with both federal and state components.