by David J. Farrell, Jr.
“Setting Standards for Safer Boating” is the mantra of the American Boat & Yacht Council (ABYC). As any marine surveyor, repairer, or builder worth his salt knows, ABYC is a non-profit organization that develops and publishes standards for “the design, construction, equipage, and maintenance of small craft.”
As stated in the ABYC Preface, though, its “standards and recommended practices are advisory only; their use is entirely voluntary.” How important are ABYC standards, then, in the context of maritime litigation? In a recent decision issued by the United States District Court for the Eastern District of Virginia, affirmed by the Fourth Circuit Court of Appeals, they were vital.
