Many people don’t realize that the law governing things like cruise vacations and ship ownership and operation will, in many cases, be federal admiralty law, rather than state law. Federal admiralty law is unique in many ways, and many attorneys may not be familiar with its peculiarities. If you are involved in an accident while on a cruise or while sailing, special attention should be paid.

Cruise

Many local residents take cruise vacations each year. These can be elaborate affairs involving a plane ride to one of Florida’s most popular cruise ports, such as Miami, Fort Lauderdale, Port Everglades, or Port Canaveral, among others. Others may sail from the port of Philadelphia or one of the more local cruise ports such as New York, Port Newark, NJ or Baltimore. In many cases, travelers will use a travel agent to make all the arrangements, or make all the arrangements directly through the cruise line. In other cases, travelers will make their own separate arrangements for travel to the port, hotels, and the cruise ship itself.

In all cases, passengers will receive a ticket for the cruise. This ticket, or, as it is more formally known, a “passenger ticket contract” contains many important terms and should be read before the cruise and particularly after any accident occurs.

Accidents may occur while boarding or disembarking the vessel, and may include accidents or illnesses while on board the vessel or during shore excursions.

One of the typical ticket contract terms to pay particular attention to is the requirement that any passenger lawsuit be filed within one year from the date of the accident. This shortened period is one year shorter than the typical two-year statute of limitations provided by state law. If a passenger’s claim is not filed within one year of the accident, the claim may be lost and the passenger will lose any right to compensation that he may have.

Another typical passenger contract term of particular concern is the requirement that any lawsuit be brought in the jurisdiction where the cruise line has its principal place of business. Often this is in South Florida or New York. This will require the passenger to file a lawsuit far from home and will increase the cost and burden of a lawsuit. If the passenger files the lawsuit in the wrong jurisdiction, the cruise line often asks the court to transfer the case to its “home court” or have the case dismissed. If fired, the passenger may, again, lose any right he might have to compensation.

If a passenger is injured during a shore excursion, the cruise line may not bear any liability. In many cases, cruise lines will contract with third-party vendors, who may be considered “independent contractors” for their shore excursions. If injured, the passenger’s right of recovery can only be against the company providing the shore excursion. In most cases, this claim must be filed where the accident occurred. In many cases, this will be a foreign country.

personal boating

Owning and operating a personal watercraft or jet ski can also present special challenges. If you own a boat and hire someone to repair it or provide “necessary items” for the boat, a marine lien may arise. Needs include items such as repairs, docking, salaries, towing, salvage, etc. This bond will give the supplier of the vessel a secret security interest that can be enforced if the vessel is “arrested” by the United States Marshal. If this occurs, collateral must be posted to secure the claim or the court will sell the vessel to create a fund to pay the claimants.

These secret liens are especially important when buying a boat, as liens may not be listed on the boat’s title or registration. In such cases, the supplier can seize the ship and sell it even if it is owned by a new buyer who did not incur the debt.