Why You Should Always Read The Fine Print On Your Ticket Before Taking A Cruise
Each year, thousands of people set sail on cruise ships out of Florida. Most of these cruisers enjoy a wonderful vacation. Unfortunately, some people sustain serious injuries on their trip, often due to the negligence of the cruise line. Now, you can file a personal injury lawsuit against a cruise ship operator just as you would any other negligent property owner. But such cases are often handicapped by the terms of the ticket that was issued before the cruise even began. If you have ever taken a cruise, you know what we are talking about. Most cruise tickets include, or refer to, a lengthy “ticket contract” that you must agree to beforehand, similar to a terms of service on a commercial website. These contracts often contain language that can restrict or even prevent you from bringing a personal injury claim should the need arise. Florida Judge Dismisses Slip and Fall Case Due to One-Year Limitations Period in Contract A recent decision from a federal judge in Miami provides a case in point. In Roberts v. Carnival Corporation, the plaintiff was a passenger on the defendant’s cruise ship. During the cruise, the plaintiff slipped and fell on the ship’s pool deck. She called the ship’s infirmary and was told someone would come attend to her at the pool. But nobody ever came, the plaintiff said, and she then had to walk to the infirmary herself, only further aggravating her injuries. The plaintiff sued the defendant for negligence about two years after the accident. The defense moved for summary judgment based on the terms of the plaintiff’s ticket contract, which reduced the applicable statute of limitations to just one year. (For point of reference, Florida’s statute of limitations for personal injury cases is normally four years.) The plaintiff replied that she never personally accepted the ticket contract or the one-year limitations period. She said that she did not “personally book the cruise.” The plaintiff’s sister had booked the cruise and simply given the plaintiff her boarding pass just before the trip began. As such, the plaintiff said she never had a meaningful opportunity to review, much less agree to, the contract. The judge said none of that mattered. The court noted that the defendant was only required to give the plaintiff a “reasonable opportunity to become meaningfully informed of the contract term.” This can be accomplished by giving notice to the person “who books travel arrangements on the passenger’s behalf.” And even if the plaintiff did not have a chance to review the terms of the contract before the cruise, she certainly did in the year following the cruise, and thus could have complied with the one-year limitations period. For that reason, the judge granted summary judgment to the defense and dismissed the case. Speak with an HD Law Partners Attorney Today Anytime that you sustain an injury on someone else’s property, it is a good idea to seek out legal advice as soon as possible in order to preserve all of your potential options for seeking compensation. If you need to consult with a qualified Tampa slip and fall attorney, contact HD Law Partners today. Source: https://scholar.google.com/scholar_case?case=813-253-5333282337305 Posted in Slip Fall | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us