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Cruise Ship Injuries: What are Your Rights?
Cruise-ship disasters like the deadly Costa Concordia accident in Italy raise questions for passengers: What are your rights when you're injured on a cruise ship?
The answer depends on what's in your cruise contract, and where the injury took place. Here are some general guidelines.
Your cruise contract
Your cruise tickets are probably the first place to look for contract terms that explain your rights. Many cruise lines impose requirements on passengers who seek to sue for cruise-ship injuries, for example:
- A passenger often must provide written notice of a cruise-ship injury within six months of the injury.
- A passenger often must bring a lawsuit within one year of a cruise-ship injury.
- A passenger often must sue the cruise company in a specific court system -- usually the courts closest to where the cruise company is headquartered.
Why location matters
An international agreement called the Athens Convention limits a cruise line's liability to $71,400 per passenger, maritime lawyer Rod Sullivan tells Jacksonville, Fla.'s First Coast News.
Because the Concordia accident happened in Italy, passengers can pursue claims under Italian law. Many should be able to get compensation for injuries and a canceled vacation under Italy's laws, the International Business Times reports.
But the United States is not a party to the Athens Convention. Instead, if a Concordia-type disaster happened here, a 1920 U.S. law would kick in to compensate for potential cruise-ship injuries, Sullivan said.
"It's somewhat better than the Athens Convention," Sullivan told First Coast News. "If the ship goes down, there's a pool provided of $50 million in the case of a ship this size, and that would be split up among all the injured parties."
Of course, every cruise-ship injury is different, so you may want to consult an attorney as soon as possible to protect your rights -- especially considering the short time period for passengers to pursue a claim.
Related Resources:
- Cruise ship victims can't use U.S. courts: experts (Reuters)
- Rights of Injured Cruise Ship Passengers (FindLaw)
- Browse Admiralty & Maritime Lawyers by Location (FindLaw)
- Brilliance of the Seas: Dozens Injured on Ship (FindLaw's Injured)
Cruise Ship Injuries: What are Your Rights?
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Concordia Cruise Lawsuits Unlikely in U.S.
Rescuers continue to search for survivors in the wake of a deadly Italian cruise ship disaster. But injured passengers and crew likely won't be able to pursue cruise-related lawsuits in the United States.
The Italian cruise ship Costa Concordia -- one of the largest ever to be wrecked -- is owned by a company called Costa Crociere, Agence France Presse reports. Already, more than 70 passengers have joined a lawsuit seeking compensation from Costa Crociere in an Italian court, AFP reports.
Costa Crociere is actually owned by Miami-based Carnival Corp., Reuters reports. But experts say legal action likely cannot take place in the United States. Here's why:
The main reason lies in contract law. Contracts written into the Concordia's tickets assert all cruise ship lawsuits must be brought in the courts of Genoa, Italy, Reuters reports.
The contract language is called a "forum selection clause," and it's common in the cruise industry. U.S. courts have generally upheld such clauses as fair -- otherwise, cruise companies would be forced to defend lawsuits from all over the world.
U.S. citizens have tried to challenge international forum selection clauses, arguing it's too burdensome to sue abroad. But courts have generally ruled against those challenges, and have upheld international cruise-ticket contracts, Reuters reports.
The Concordia's crew also likely can't sue in U.S. courts, because their employment contracts probably require arbitration to settle any disputes, Reuters reports.
Carnival Corp. is also likely off the hook for any potential criminal charges, because the accident happened in Italian waters. Most criminal laws are not applied outside the United States, Reuters reports.
Even if injured passengers pursue a potential Costa Concordia cruise lawsuit in Italy, their compensation may be limited. An international agreement called the Athens Convention caps a cruise operator's liability at about $80,000 per person, Reuters reports.
Related Resources:
- Maritime Experts Says Laws Protect Cruise Companies (First Coast News)
- Rights of Injured Cruise Ship Passengers (FindLaw)
- Brilliance of the Seas: Dozens Injured on Ship (FindLaw's Injured)
Concordia Cruise Lawsuits Unlikely in U.S.
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Can You Sue a Dead Person?
Can you sue a dead person? The answer is yes, via the dead person's estate. But whether or not you'll be able to recover any money may depend on how quickly you pursue your claim.
The ability to sue a dead person's estate typically arises under two scenarios: When the deceased has debts to be repaid, and when the deceased's negligence caused injury or death to another party.
Under either scenario, time is of the essence.
For example, state statute of limitations laws differ depending on the type of action you wish to pursue against a dead person's estate, such as wrongful death or personal injury.
State laws also dictate how much time creditors have to file a claim against a dead person's estate. A claim notifies the estate's executor or personal representative that you want a debt to be repaid. If you don't file a claim, you may not be able to file a lawsuit later.
Aside from timing, here are some other factors to consider in a lawsuit against a dead person's estate:
Does the executor know about your debt claim? If so, an executor or personal representative must notify you and advise you to make a claim by a certain deadline. A creditor who doesn't receive proper notice can try to use that as an excuse to file a late claim.
Are there surviving relatives? State laws generally provide that surviving relatives are not personally responsible for a dead person's debts. Even spousal obligations to pay for community debts may be limited by state laws. The Fair Debt Collection Practices Act prohibits collectors from using abusive or deceptive tactics to pressure surviving relatives into paying a dead person's debts.
Estate laws are complicated, and the specific facts of your case will determine whether suing a dead person's estate is the best course of action. You can look up an estate lawyer near you to discuss the details of your case.
Related Resources:
- Law Questions on Wills and Estate Law (FindLaw Answers)
- Time Limits for Bringing a Case: The 'Statute of Limitations' (FindLaw)
- Get Legal Help with a Probate or Estate Administration Issue (FindLaw)
- Man Killed by Train is Sued: Flying Body Parts Injured Woman (FindLaw's Legally Weird)
Can You Sue a Dead Person?
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