Crown Princess passengers must be keenly aware of the passenger contract they agreed to when they purchased their tickets. Many attorneys who do not practice in this area of law can miss important dates for providing notice, filing a lawsuit, damage limitations on compensation for injuries, choice of venue clauses, limitations on damages for property damage and mental distress and similar issues. Read your ticket carefully and contact the Traverse Legal law firm for a free consultation with an admiralty and maritime attorney. It is critical that you know and understand your legal rights so you can make informed decisions.
Here is a link to the Passage Contract listed on the Princess Cruises website. This passage contract may be the one that controls your rights in the Crown Princess maritime accident. Reviewing this passenger contract will give you some idea of the limitations which likely exist if you were injured in the Crown Princes accident and are exploring your legal rights.
Here is a key damage limitation provision as well which may (or may not) apply to those injured in the Crown Princess accident:
17. NOTICE OF CLAIMS AND SUITS; TIME LIMITATION; VENUE.
Notwithstanding any provision of applicable law to the contrary, in cases involving claims for emotional or bodily injury, illness to or death of any Passenger, no lawsuit may be brought against Carrier unless (a) written notice giving full particulars of the claim is delivered to Carrier within 6 months, (b) a lawsuit on such a claim is filed within 1 year from the date of the emotional or bodily injury, illness or death, whichever comes first, and (c) valid service of the lawsuit is made within 90 days of filing the complaint. In all other cases, no lawsuit may be brought against Carrier unless (a) written notice giving full particulars of the claim is delivered to the Carrier within 15 days of termination of the Cruise, (b) the lawsuit on such claim is filed within 6 months from the date the Cruise terminated and (c) valid service of the lawsuit is made within 90 days of filing the complaint. All disputes and matters whatsoever arising out of or relating to Your Cruise, including for personal injury, illness or death, shall be litigated by You individually, and not as a member of any class. If you choose to sue Princess Cruises Lines, Ltd., then such claim must be litigated by You before a court located in the County of Los Angeles, California, U.S.A., to the exclusion of the courts of any other country, state, city or county. You hereby waive any venue or other objection that may be available to any such action or proceeding being brought in any court located in Los Angeles, California. The limitations set forth in this Section 17 shall also apply to and be for the benefit of any agents, independent contractors, concessionaires and suppliers of Carrier.
PRINCESS CRUISE LINES, LTD.
As Operator and Agent for Operator
Given the new reports that a junior crew member panicked and caused the severe list in this accident on board the Crown Princess, there is no question that those injured are entitled to compensation for their injuries. Negligence is clear. Given the large number of similar situations on other cruise ships caused by human error, one has to wonder what the Cruise industry is doing to correct these repeated and common incidents. Passengers could have been killed. Many were injured, some seriously. It is time to make serious changes in protocol on the bridge, increase crew training but systems in place which will reduce the risk of catastrophe in the future.
Here are some more links:
- Honeymooners share tilted cruise ship video their nine-day Caribbean cruise was idyllic until the Princess cruiseliner took ... two cruiselines - Royal Caribbean and Carnival - say for an accident like this ...
- I-Team: Cruise Ship's List Caused By Human Error .. has told the WESH 2 I-Team that human error, not the automatic pilot, caused the accident. A series of still pictures aboard the Crown Princess on Tuesday ...