MIAMI, FLORIDA – A lawsuit was recently filed against Carnival Corporation a/k/a Carnival Cruise Lines after a passenger was injured after a slip and fall on a cruise.
The case highlights the rights of cruise passengers who put their trust in the cruise lines to provide a safe and enjoyable vacation experience. Cruises are often motivated by profit, stressing the overindulgence of alcoholic beverage consumption, late night partying, dance parties, sail away parties, drinks with the Captain, excursions and the casino.
Cruise ship injuries are often governed by your Passenger Contract and Maritime Law
When you purchase your cruise, you are generally agreeing to the Cruise Passenger Contract. The contract consists of several pages of fine print which may affect your rights and duties.
In general, most cruise lines require you to notify them of your intent to make a claim within 6 months with a brief description of your allegations and injuries. This is sometimes referred to as a Statement of Particulars. You may also be required to file a lawsuit within 1 year of the incident.
Where must a cruise lawsuit be filed?
Most cruise lines state the Court in which a cruise lawsuit must be filed in the Passenger Contract. Carnival Corporation, for example, generally requires a lawsuit to be brought against in in the United States District Court for the Southern District Court in the Miami District. This means that your case could be dismissed if you file the lawsuit against Carnival Cruise in Fort Lauderdale, just 30 minutes away. Royal Caribbean generally requires a lawsuit against them to be filed in either State or Federal Court in Miami-Dade County. Since Federal Maritime Law applies, or diversity jurisdiction applies, most lawsuits may be filed in Federal Court. If filed in the wrong court, the cruise can move to dismiss your lawsuit and it may be barred forever.