That first step is a doozy.  At least on the Lovie Dovie it is.

New admiralty (though it reads like a premises liability case) case from the Eighth Circuit Court of Appeals.  The case is Boudwin v. Hastings Bay Marina, 2010 U.S. App LEXIS 16031 and can be found here .

Facts:  during a “tour” of a moored boat, a prospective boat purchaser falls through a hatch that was left open by the “tour-guide” (the guide BROKE into the vessel to conduct the tour).  The purchaser consummated the sale, then lost the boat to a marina operator’s lien action.  The purchaser then brought a negligence action against the marina (now boat owner).

Issue:  did the marina operator have a duty to protect the purchaser from the fall?

Law:  Trial court granted summary judgment in favor of the marina and that decision was affirmed by the Eighth Circuit.  As a matter of fact, the court found that the marina did not own, control or possess the boat at the time of the injury.  Further, the tour-guide was not acting in the scope of his employment during the ill-fated tour.  And, any actions were not with actual or apparent authority, so respondeat superior could not save this claim.