Personal Injury On Cruise Ship Jurisdiction
That means a plaintiff submits to the jurisdiction of the state where the cruise ship maintains its corporate offices not to be confused with flag registry which is.
Personal injury on cruise ship jurisdiction. Or they should have known the danger existed. Some cruise lines require suit to be filed in Los Angeles ie. Statutory schemes unique to the field of maritime personal injury and death.
Ports to travel to international waters the jurisdiction for personal injury or wrongful death cases in a cruise ship can vary between countries. Just like other injury lawsuits a cruise line can be held legally responsible for damages if the plaintiff can prove the cruise line was negligent ie they knew of the danger and did nothing. And while falling overboard is one of the rarest things that can happen aboard a cruise ship accidents injuries and illness are fairly common.
If you are the victim of a cruise ship personal injury you may be entitled to compensation for your medical bills lost wages and all other losses arising from the accident and injury. This is imperative for your claim. However the court in which suit must be filed may be governed by the terms on the cruise ship ticket.
If you have a claim as a passenger and do not file it within one year with the assurance of a case number your claim will likely be barred. 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. 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.
The United States can have jurisdiction over a. If you plan on filing a cruise ship personal injury claim the time limit is generally much shorter 6 months notice requirements and a 1-year time limit for filing these types of lawsuits. Cruise ship passengers who suffer injuries or are the victims of a crime may sue to recover for damages including medical expenses lost wages and pain and suffering.
Most cruise ship tickets contain a forum selection clause and a choice of law clause. 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. Jurisdiction issues often arise in personal injury cases but are particularly important to be aware of in the cruise ship context where one or more of the responsible parties may be operating out of another state or country.
