Suing a cruise line like Carnival? Options limited, usually to Florida Courts

Having seen the many people on news reports, in internet segments, and elsewhere talking about what they plan to do after the cruise ship debacle, here are some interesting reads:

Cruise typically lines prohibit passengers from suing over emotional distress — the kind that can result from nearly a week of overflowing toilets, scarce food and crushing boredom.

Passengers may only sue over real physical injuries. That provision is contained in the 10 to 15 pages of conditions, couched in a thicket of legalese, that accompanies each cruise ticket.
And those contracts go largely unread.


The bar against distress claims is one of several limits on a passenger's right to sue a cruise line.


Among the terms and conditions of the contract are provisions about where someone can file suit. Carnival, like other big lines such as Royal Caribbean and Norwegian, specify that all cases must be filed in Miami federal court.

 One must file suit within a year, damages are capped at $675,000, and some cruise lines require a prospective plaintiff to give notice of a planned lawsuit six months before actually filing.

 http://articles.sun-sentinel.com/2013-02-16/news/fl-stranded-carnival-triumph-payments-20130215_1_cruise-line-carnival-triumph-future-cruise

Cruise ships departing from U.S. ports are deemed common carriers pursuant to the Shipping Act of 1984, 46 U.S.C. §1702(6). Common carriers owe their passengers a heightened duty of care in protecting them from physical harm and ensuring they arrive at their destinations safely. This special duty of care owed to passengers includes protection from crew members' assaults, rapes, and other criminal attacks.

 Cruise ships departing from U.S. ports are deemed common carriers pursuant to the Shipping Act of 1984, 46 U.S.C. §1702(6). Common carriers owe their passengers a heightened duty of care in protecting them from physical harm and ensuring they arrive at their destinations safely. This special duty of care owed to passengers includes protection from crew members' assaults, rapes, and other criminal attacks.