Can You File a Personal Injury Lawsuit in the U.S. if You are Injured on a European Cruise Ship?

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If you are injured in a slip-and-fall accident while shopping in a store in Georgia, there is typically no question that you have the right to file a personal injury lawsuit in Georgia. But what happens if you are injured in an accident while on a cruise ship at sea? Where is the proper “venue” to bring a personal injury claim?

Lebedinsky v. MSC Cruises, SA

The answer to this question may be found on your ticket or booking confirmation paperwork for the cruise itself. All cruise operators have some form of “terms and conditions” that address a number of legal issues in the fine print. This typically includes what is known as a “forum selection clause,” i.e., language that states which state or country’s courts will have jurisdiction to hear any legal disputes arising from the passenger’s participation in the cruise.

A recent decision from the Atlanta-based U.S. 11th Circuit Court of Appeals, Lebedinsky v. MSC Cruises, SA, illustrates how these forum selection clauses work in practice. The plaintiff in this case took a cruise on the MSC Musica, which originated in Italy and made several stops in the Mediterranean. Although the plaintiff paid for her ticket, her daughter actually made the booking and arrangements.

During the cruise, the plaintiff slipped and fell on the ship. She was forced to leave the ship at an Italian port. She subsequently required extensive medical treatment upon her return to the United States.

The plaintiff subsequently filed a personal injury claim against the operator of the cruise ship in a Florida federal court. The defendant moved to dismiss the lawsuit for “improper venue.” It maintained that a forum selection clause contained in its “Passenger Contract” clearly specified that for any cruises “that do not include a port in [the United States],” any legal claims arising under the contract “shall be brought in and be subject to the exclusive jurisdiction of the Courts of Naples, Italy.”

The trial court agreed the forum selection clause applied and dismissed the case. On appeal to the 11th Circuit, the plaintiff argued the forum selection clause was unenforceable for several reasons, all of which the appeals court rejected.

First, the plaintiff said the forum selection clause was “not reasonably communicated” to her. That is to say, it lacked “clarity in plain language” and did not “conspicuously call attention” to itself. The 11th Circuit said the language in question was “set out in identical type” as the rest of the overall “terms and conditions” and “under clear headings.” It was therefore reasonably communicated to the plaintiff.

Second, the plaintiff maintained requiring her to pursue her lawsuit in the Italian courts would be “seriously inconvenient.” The 11th Circuit noted that inconvenience, in and of itself, does not make a forum selection clause unenforceable. In this case, the cruise ship “did not travel to any United States port of call.” It started and ended its voyage in Italy. It therefore made more logical sense for the Italian courts to have jurisdiction.

Finally, the plaintiff argued that it would be fundamentally unfair to force her to litigate a personal injury claim in the Italian courts, where her right to recovery would be limited by an international agreement known as the Athens Convention. The mere “possibility of reduced recovery does not amount to fundamental unfairness,” the appeals court said, “and the potential application of the Athens Convention cannot justify the forum selection clause’s invalidation.”

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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