Many people do not realize that the law controlling issues such as cruise and vacation ownership and operation of ships, in many cases be federal maritime law rather than state law. Federal maritime law is unique in many aspects and many lawyers are not familiar with its peculiarities. If you are involved in an accident during a cruise or a boat, while special attention should be paid.
Cruise
Many locals take cruise vacations each year. These may be issues involving air travel to one of the popular cruise ports in Florida such as Miami, Fort Lauderdale, Port Everglades and Port Canaveral, among others. Others can cruise from the port of Philadelphia or one of the local cruise ports such as New York, Port Newark, New Jersey or Baltimore. In many cases, travelers use a travel agent to make all the arrangements, or make all arrangements directly through the cruise line. In other cases, travelers make their own separate arrangements to travel to the port, hotels and the cruise itself.
In all cases, passengers will receive a ticket for the cruise. This bill, or, more formally known as a “passenger ticket contract” contains many important terms and should be read before the cruise and especially after an accident takes place.
Accidents can occur during loading or unloading of the ship, and may include injury or illness while on board or during shore excursions.
One in particular the typical terms of ticket contract that you should pay attention to is a requirement that any passenger demand filed within one year from the date of the accident. This period is shortened a year younger than the typical two-year statute of limitations provided by state law. If a passenger demand is not filed within one year of the accident, the claim may be lost and will lose the right to compensation you may have.
Another passenger typical contract term of concern is the requirement that any claim is filed in the jurisdiction where the cruise line has its principal place of business. Often this is in South Florida or New York. This will require the passenger to file a lawsuit far from home and increase the cost and burden of a lawsuit. If the passenger has filed a lawsuit in the wrong jurisdiction, the cruise line often asks the court to transfer the case to his “court,” or that the case be dismissed. Dismissal, the passenger may again lose any right you may have to compensation.
» Read more: Cruise Vacations and Navigation: The Law Can Not Be What You Think!