Personal Injury On Cruise Ship Jurisdiction
This is imperative for your claim.
Personal injury on cruise ship jurisdiction. 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. Statutory schemes unique to the field of maritime personal injury and death. 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.
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. When it comes to personal injury. Have you been injured on a cruise ship.
However the court in which suit must be filed may be governed by the terms on the cruise ship ticket. It is not uncommon for a ship to be flagged in a different country than the one from which it departed. In the United States claims for personal injuries and deaths that occur on or near navigable waters generally fall within a courts admiralty jurisdiction and require the application of substantive maritime law which is.
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. Some of the major cruise lines include. 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.
And while falling overboard is one of the rarest things that can happen aboard a cruise ship accidents injuries and illness are fairly common. Injuries that occur on cruise ships are similar to those that occur on land aside from incidents involving overboard fall situations or drowning. Once a cruise ship sails more than 24 miles off of the coast of any given country it is considered to be in international waters.
If you have a personal injury case it is important to seek a maritime lawyer that has experience with personal injury lawsuits against major cruise lines. Rather the court simply found that the case could not be decided by this particular court. This means that the laws governing crimes on the ship are determined by the flag that the ship is sailing under.
