Forum Selection Clause Of Paris France For Vessel That Did Not Touch A U.S. Port Upheld With Respect To Cruise Line Passenger
EUGENE BURNS, Appellant, v. RADISSON SEVEN SEAS CRUISES,INC., SERVICES ET TRANSPORTS TAHITI, COPROPRIETE DU NAVIRE PAUL GAUGUIN, THECRUISE STATION, and DIMENSIONS IN TRAVEL, INC., Appellees.
CASE NO. 4D03-1333
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
867 So. 2d 1191; 2004 Fla. App. LEXIS 2710; 29 Fla. L.Weekly D 544
March 3, 2004, Opinion Filed
PROCEDURAL POSTURE: Plaintiff passenger appealed an order by the Circuit Court for the Seventeenth Judicial Circuit, Broward County (Florida), that dismissed his complaint against defendant cruise line for improper venue; the passenger claimed that the venue was inconvenient and unreasonable.
OVERVIEW: The passenger contracted to act as radio host for seven days on a Tahitian cruise ship. He was subsequently injured in a slip and fall while on board. The cruise ticket contained a forum selection clause providing that United States citizens had to bring suit, for any incidents arising on board a cruise ship that did not touch a United States port, in Paris, France. The appellate court held that the ship both departed and returned from a foreign locale, never making contact with any ports or waters of the United States. Therefore, it was reasonable that the cruise line selected France as a neutral location in order to dispel confusion as to where passengers from a variety of countries could bring a lawsuit. The forum selection clause was valid. The passenger failed to meet his burden of proving that the venue was improper.
OUTCOME: The order was affirmed.
