Cruise Ship Passenger Litigation

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Table of Contents

The Cruise Experience – Entertainment with Risks

The hotel staff sails alongside the passengers.
As a result, the passengers travel in a controlled environment.
Despite being in a controlled environment, passengers still get exposed to some risks. There are, however, accompanying benefits as well.
Benefits:
- A full package consisting of entertainment, food, and lodging
- The vessel and its concessionaires
Risks:
- There is a possibility that things may go wrong. This includes food poisoning, injuries or medical emergencies
- Legal risks may result from unfamiliar bodies of law, international nature of the industry, jurisdictional difficulties, venue, statute of limitations, and notice of claim

There are challenges associated with using foreign flag vessels
There are also concerns regarding foreign companies, with foreign headquarters such as Costa
There are also foreign companies, with headquarters in the US such as, Royal Caribbean, Carnival
Although the principal place of business is in the United States, there are issues of diversity
There is also admiralty jurisdiction
There are also concerns of whether to use jury or non-jury approach to trials

Limitations
- Statutory – Three Years – 46 U.S.C. §30106
- Contractual – One Year – 46 U.S.C. §30508 and Kornberg
- Equitable Tolling
Written Notice of Claim takes up to Six Months

The available remedies include the following:

Compensatory Damages – This is given to a plaintiff who has suffered from a breach of contract. The purpose of compensatory damages is to award a sufficient amount of money to place the same position he or she would be in if the contract had been fulfilled. The method of measurement depends upon the nature of the contract which was breached, and the party who did the breaching.
Punitive Damages – These are monetary awards granted by a court for a breach of contract that involves very unusual circumstances. As a consequence, for a party to be entitled to punitive damages, there must be some statutory basis for the award under the state’s law.
Consortium
Wrongful Death – DOHSA
- Preemptive Within Its Scope
- Pecuniary Loss Only