Does the federal government, and the National Park Service in particular, have a duty to warn visitors to the Buck Island Reef National Monument that barracudas can be dangerous to swimmers? No, concluded the U.S. Court of Appeals for the Third Circuit in S.R.P. v. United States. The opinion begins:
S.R.P., a minor, appeals from an order of the District Court dismissing his claims for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The action arose out of a 2004 incident in which S.R.P. was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument (“Buck Island Monument” or “the Monument”). S.R.P., through his mother, filed suit against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., alleging that the Government negligently failed to warn of the danger posed by barracudas to shallow water bathers. The District Court dismissed the case on the basis that the discretionary function exception to the FTCA deprived it of jurisdiction, and thus immunized the Government from suit. For the reasons set forth below, we will affirm.