Cruise Ship Law

MARGARET PERKS, v. SCOTIA PRINCE CRUISES, LTD.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE
2003 U.S. Dist. LEXIS 23208
December 29, 2003, Decided

PROCEDURAL POSTURE: Plaintiff passenger brought an action against defendant cruise ship to recover for personal injuries sustained while on board the ship. The ship filed a motion to dismiss the action pursuant to Fed. R. Civ. P. 12(b)(6), or, in the alternative, for summary judgment. The matter was referred to a magistrate judge.

OVERVIEW: The ship's motion was based on a one-year time limitation imposed by the terms and conditions in its ticketing materials. After she sustained the injury, the passenger obtained a refund and filed a notice of claim. However, she filed suit after the one-year ticket limitation had passed. The magistrate found that he could only consider the ticketing material by considering the ship's motion as seeking summary judgment. The magistrate recommended that this summary judgment be granted. The court found that 46 U.S.C.S. app. § 183b(a) permitted the one-year limitation, but that the ship had to make a reasonable effort to warn passengers of the limitation. In particular, the ticket contract had to be sufficiently obvious and understandable and the passenger had to be familiar with the ticket terms, although actual knowledge was not required. The court further found that both of these requirements were met. The ticket jacket containing the limitations was sent directly to the passenger before the trip. Further, she had a sufficient opportunity to become aware of this information, as evidenced by the fact that she obtained a refund and contacted counsel to file a notice of claim.

OUTCOME: The magistrate recommended that the ship's motion for summary judgment be granted. The parties were granted time to file objections.