AALL personal injury lawyer in florida

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					Cruise Ship Law
              Michelle Rigual
Associate Director and Assistant Professor
         University of New Mexico
          School of Law Library
                  Big Business
   In 1977, when The Love
    Boat premiered, fewer
    than 1 million passengers
    cruised from ports in the
    U.S.

   Today, the number is
    approximately 11 million.

   More than 3 million
    embark annually from the
    Port of Miami.
                Staying Safe
 Cruise ships are    like small cities, use
 common sense.
     Don't lean over the railings
     Watch how much you drink
     Walk away from disagreements or fights
     Don’t walk down dark hallways
     Don’t invite someone into your room if you
      don't know them
     Don’t give personal information to strangers
     Leave valuables at home
          Personal Injuries to
             Passengers
   Cruise lines owe passengers a duty of
    reasonable care

   Passengers injured while onboard may bring suit
    the same as if they had been injured ashore
    through the negligence of a third party.

   Passenger bears the burden of proving the
    cruise line’s negligence.
 Liability for Intentional Torts
            crewmember's intentional,
 In cases of
 wrongful act against a passenger:

     Cruise line breaches duty of reasonable care
     Obligation applies from embarkation to
      disembarkation
     Questionable if this applies to acts that are
      not within the scope of the employment
      Cruise Tickets are Contracts
 In case ofinjury, your ticket is a binding
 contract that governs:
     Forum selection - disputes must be taken to a
      particular court (usually Miami or Seattle).

     Choice of law - disputes will be governed by a
      particular jurisdiction’s law.

     Notice requirements - litigation will be initiated
      within a particular timeframe.
               Contract Terms
 Limited liability clauses are           reasonable
  and permissible.
 Clauses are       enforceable if both:
     Fundamentally fair
       • requires examination of the contract’s facial clarity
       • the provision must be sufficiently obvious and
         understandable - small print is OK
     Reasonably communicated
       • passenger must have sufficient opportunity to
         reject the contract without forfeiting the ticket price
        IMPORTANT NOTICE TO GUESTS

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT
   ISSUED BY CARNIVAL CRUISE LINES TO, AND
ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT
  TERMS AND CONDITIONS APPEARING BELOW.

NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY
 DIRECTED TO CLAUSES 1, 4, AND 10 THROUGH 13,
 WHICH CONTAIN IMPORTANT LIMITATIONS ON THE
 RIGHTS OF GUESTS TO ASSERT CLAIMS AGAINST
   CARNIVAL CRUISE LINES, THE VESSEL, THEIR
     AGENTS AND EMPLOYEES, AND OTHERS,
INCLUDING FORUM SELECTION, ARBITRATION AND
WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS. #1
Carnival shall not be held vicariously liable for the
 intentional or negligent acts of any persons not
 employed by Carnival nor for any intentional or
negligent acts of Carnival’s employees committed
while off duty or outside the course and scope of
                their employment. #2
     Carnival shall not be liable for any claims
whatsoever for personal injury, illness or death of
  the guest, unless full particulars in writing are
given to Carnival within 185 days after the date of
the injury, event, illness or death giving rise to the
claim. Suit to recover on any such claim shall not
be maintainable unless filed within one year after
   the date of the injury, event, illness or death.

   Guest expressly waives all other potentially
 applicable state or federal limitations periods. #3
 Carnival shall not be liable for any claims whatsoever,
   other than for personal injury, illness or death of the
   Guest, unless full particulars in writing are given to
 Carnival within 30 days after the Guest is landed from
 the Vessel. Legal proceedings to recover on any claim
   whatsoever other than for personal injury, illness or
   death shall not be maintainable unless commenced
within six months after the date Guest is landed from the
                          Vessel.

 Guest expressly waives all other potentially applicable
    state or federal limitation periods for claims which
  include, but are not limited to, allegations concerning
 any and all civil rights, the ADA, trade practices and/or
                        advertising. #4
   All disputes and matters whatsoever arising
   under, in connection with or incident to this
Contract or the Guest’s cruise, including travel to
  and from the vessel, shall be litigated, if at all,
  before the United States District Court for the
  Southern District of Florida in Miami, or as to
those lawsuits to which the Federal Courts of the
  United States lack subject matter jurisdiction,
             before a court located in
       Miami-Dade County, Florida, U.S.A. #5
    Any and all disputes, claims, or controversies
 whatsoever, other than for personal injury, illness
       or death of a Guest, whether brought in
   personam or in rem or based on contract, tort,
     statutory, constitutional or other legal rights,
including but not limited to alleged violation of civil
  rights, discrimination, consumer or privacy laws,
 or for any losses, damages or expenses, relating
  to or in any way arising out of or connected with
 this Contract or Guest’s cruise…shall be referred
        to and resolved exclusively by binding
                      arbitration…
   solely in Miami-Dade County, Florida, U.S.A. #6
   THIS CONTRACT PROVIDES FOR THE
  EXCLUSIVE RESOLUTION OF DISPUTES
 THROUGH INDIVIDUAL LEGAL ACTION ON
    GUEST’S OWN BEHALF INSTEAD OF
THROUGH ANY CLASS ACTION. EVEN IF THE
APPLICABLE LAW PROVIDES OTHERWISE. #7
  It is stipulated and agreed that the aggregate
 value of Guest’s property, does not exceed $50
 per guest or bag with a maximum value of $100
    per stateroom regardless of the number of
occupants or bags and any liability of Carnival for
    any cause whatsoever with respect to said
       property shall not exceed such sum. #8
          Federal or State Court?
   The Constitution granted original jurisdiction
    over maritime matters to federal courts.
   By federal statute, you are only limited to federal
    court if you seek to either:
       arrest a ship to enforce a maritime mortgage or lien
       partition ownership of a ship.

   This allows plaintiffs to choose between federal
    and state court for the vast majority of maritime
    actions.
  The "Reverse-Erie Doctrine"
 Absent a    Choice of Law provision:
     U.S. state law applies if the events occur
      within a state’s territorial waters.
     Maritime law applies if the events occur
      outside U.S. territorial waters.
     State courts hearing maritime cases must
      apply federal maritime law, even if it conflicts
      with the state’s law.
      Applying Maritime Law
 Maritime law(also called admiralty law)
 governs the activity of carrying cargo and
 passengers over water.
             does not have the same level
 Maritime law
 of consumer protection as state laws.
 Lawyerneeds to have familiarity with
 maritime law.
          Territorial Waters
 Water over which   a nation has jurisdiction.
 Regarded as   the sovereign territory of the
 state.
 Extend 12nautical miles (13.8 miles) from
 the mean low-water mark of a coastal
 state.
   Crimes Against Passengers
A   complicated weave of international law
  applies.
 Crimes are reported to the ship’s security
  officer.
 The security officer investigates.
 If a “serious,” suspect is detained.
 Suspect is removed at the next port of call
  (turned over to appropriate authorities).
           Ship’s Registry
 Vessels register under  a country’s
 authority (called the Flag State).
                      registered in foreign
 Most cruise ships are
 countries that have more lenient tax, labor,
 and safety laws.
           as flying a “flag of
 Referred to
 convenience.”
Ship’s Registry
Ship’s Registry     Location of           Jurisdiction over
                     Offense                   Crimes

      US          US territorial waters                US
                    OR high seas

      US           Foreign nation’s        US concurrent with
                   territorial waters         host nation

 Foreign Nation   US territorial waters   US (subject to intl law
                                              and treaties)

 Foreign Nation        High seas          US (subject to intl law)
                                               IF offense is
                                            committed by or
                                          against US nationals
 Foreign Nation    Foreign nation’s          US (subject to intl law and
                                           treaties) IF ship is departing
                   territorial waters     from or arriving in the US AND
                                             offense is committed by or
    Crime Scene Investigation
 Ship security officers

 First official law   enforcement agency
 Permission to     board (granted by flag state)
 Notification of   FBI
                 Medical Care
   Doctors and nurses are independent
    contractors.
   No regulations governing cruise ship infirmaries
    and medical staffing – board certifications are
    rare.
   Each cruise line has its own set of standards
   Cruise ship infirmaries tend minor problems and
    provide emergency response treatment to
    stabilize patients until they can be transferred or
    evacuated
   Most basic insurance policies will not cover
    treatments given at sea.
             Noroviruses
 Noroviruses are  a group of viruses that
  cause the “stomach flu,”
 Routine methods to detect the virus on
  food items are not available
 In November 2006, 679 (17%) out of 3,970
  passengers and crew members aboard
  Carnival Liberty contracted the virus
              Shore Excursions
   Run by independent
    contractors
   NOT subject to
    jurisdiction of US
    courts
   Insured? Licensed?
    Responsible?
   Again, be careful.
                   ADA
 Foreign flagged cruise ships serving US
 ports must comply with the ADA’s public
 accommodations requirements.

 “[a]bsent aclear statement of
 congressional intent, general statutes may
 not apply to foreign-flag vessels insofar as
 they regulate matters that involve only the
 internal order and discipline of the vessel.”
         Environmental Impact
 Average waste      generated per day
     Cruise ships - 4,400 kg
     cargo ships - 60 kg
     fishing vessels - 10 kg

 Types    of pollution:
     Discharge of sewage, graywater, hazardous
      wastes, oily bilge water, ballast water, and
      solid waste.
     Smokestack emissions from waste
      incineration.
          Environmental Impact
 About a third of the waste from cruise
 ships visiting the Caribbean is deliberately
 dumped.
     Many ships do not have incineration units
     Insufficient port facilities for unloading waste
     Insufficient disposal sites once unloaded.
Pacific Coast - State Regulation
 Ocean Ranger       programs
     Alaska (2006)
     California (under consideration)

 Require cruise ships to have aboard an
 ocean ranger employed by the state who
 is a licensed marine engineer and granted
 peace officer status.
             Forced Labor?
 The internet is   full of horrible stories!

 No way   to verify….your thoughts?

 Recent law   suits filed….see handouts.
      Let’s Revisit - Staying Safe
 Cruise ships are    like small cities, use
 common sense.
     Don't lean over the railings
     Watch how much you drink
     Walk away from disagreements or fights
     Don’t walk down dark hallways
     Don’t invite someone into your room if you
      don't know them
     Don’t give personal information to strangers
     Leave valuables at home

				
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