The applicable law of personal injury lawsuits brought by cruise line or maritime passengers generally is the Federal General Maritime Law and the applicable federal statutes that govern accidents occurring on navigable waters. A different law may apply if the accident occurs on navigable waters of the state or on a foreign flag vessels under circumstances that would make the law of the flag of the vessel applicable.
Practically all the large ocean-going passenger ships calling at American ports are under foreign ownership and foreign flags. To determine whether the law of the United States applies to a foreign flag vessel, the courts look to the general law applicable to contracts. If the contract is entered into in the United States, the voyage commences in the United States, and a citizen of the United States is involved, the law of the United States generally applies, even if the flag of the vessel is foreign.
However, one court has held that the law of Sweden applied when an American citizen purchased a ticket aboard a Swedish flag vessel in Sweden for a voyage from Sweden to the United States.
Sometimes the tickets provide what is called a "choice-of-law" provision which may be enforced by the U. S. courts. For example, a United States court approved the choice of English law in a passenger ticket issued to a U. S. citizen on a cruise from New York to France.
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
