Getting a Recovery for Cruise Ship Accidents; The Forum Selection Clause


If you are injured during a cruise, you can file a lawsuit only where the cruise ship has its principal offices. 

The cruise industry has a standard forum selection clause in the ticket which states the following:

  • the passenger must bring suit where the cruise line has its principal offices; and
  • suit must be filed in the federal court.

This means that the passenger must file suit in the state where the cruise line is headquartered even though the cruise might have started and ended in his home state.

For example,

Jake Jones lives in Brooklyn, New York,  He takes his family on a cruise on a Carnival ship from New York to Bermuda.  The cruise starts and ends in Brooklyn, New York, with stops in Bermuda.

On the trip back to New York, Jake slips in one of the cafes due to the ship’s negligence.  He fractures his ankle.

About two months after his return he consults an attorney to file suit.  The lawsuit must be brought in U.S. District Court in Dade County (Miami), Florida by reason of the forum selection clause in the ticket.  Carnival is headquartered in Miami.

On some of our cruise ship cases we must associate with Florida counsel.  We work with one of the leaders in cruise ship accidents, and we have had successful results.

If you have been injured in a cruise ship accident, please feel free to contact us for a free consultation at 800-581-1434 or write to letters@seitelman.com.

Mark E. Seitelman, 7/11/11, www.seitelman.com.  

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: