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
 In
cases of crewmember's intentional,
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 of injury, 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.
 Maritime
law does not have the same level
of consumer protection as state laws.
 Lawyer
needs to have familiarity with
maritime law.
Territorial Waters
 Water
over which a nation has jurisdiction.
 Regarded
as the sovereign territory of the
state.
 Extend
12 nautical 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).
 Most
cruise ships are registered in foreign
countries that have more lenient tax, labor,
and safety laws.
 Referred
to as flying a “flag of
convenience.”
Ship’s Registry
Ship’s Registry
Location of
Offense
Jurisdiction over
Crimes
US
US territorial waters
OR high seas
US
US
Foreign nation’s
territorial waters
US concurrent with
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
territorial waters
US (subject to intl law and
treaties) IF ship is departing
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

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

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
a clear 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



Cruise ships - 4,400 kg
cargo ships - 60 kg
fishing vessels - 10 kg
 Types


waste generated per day
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
 No
internet is full of horrible stories!
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