Personal Injury On Cruise Ship Jurisdiction
Injuries that occur on cruise ships are similar to those that occur on land aside from incidents involving overboard fall situations or drowning.
Personal injury on cruise ship jurisdiction. If you depart on a cruise from a port in the United States injuries sustained when the vessel is in port or within the waters of a particular state may be governed by the laws of that state. Since cruises are generally leaving US. If a crewmember was injured while working aboard a cruise ship he or she may have a claim for damages against his or her employer the cruise ship owner.
Tickets for a cruise will impose forum clauses that place restrictions on where an injury action can be brought. Most cruise ship tickets contain a forum selection clause and a choice of law clause. Ports to travel to international waters the jurisdiction for personal injury or wrongful death cases in a cruise ship can vary between countries.
For anyone considering filing a personal injury suit against a cruise line its important to note that the court did not rule that Carnival was not at fault nor that it could not be held liable for Ms. An experienced Miami personal injury attorney will help you calculate the amount of compensation that you should receive and will fight aggressively for that compensation on. To pursue compensation for personal injury or the wrongful death of a loved one you file a claim with the court that has jurisdiction in your case usually a county or state court.
Venue and Jurisdiction for Cruise Ship Accident Cases Frequently the provisions of the cruise ticket will require any lawsuit to be filed in Florida. However passenger tickets play a significant part in attempts toward legal action as they may include language that restricts venue for a personal injury claim which could be complicated. Have you been injured on a cruise ship.
Also the federal law allows cruise lines to shorten the statute of limitations within which passengers are allowed to file lawsuits for personal injury to 1 year from the date of the incident from the normal 3 year maritime personal injury statute of limitations. And while falling overboard is one of the rarest things that can happen aboard a cruise ship accidents injuries and illness are fairly common. However the court in which suit must be filed may be governed by the terms on the cruise ship ticket.
Also most cruise lines require you to bring any lawsuit in Federal Court in a jurisdiction of their choosing. Cruise ship personal injury accident attorneys like Ross Abramowitz Paul Galsterer and Alyssa Emont are highly experienced personal injury cruise ship lawyers at The Injury Firm. Statutory schemes unique to the field of maritime personal injury and death.
