Injured cruise line passengers' claims dismissed...
Injured cruise line passengers' claims dismissed as time barred for failing to file suit within one year as required by cruise line's limitation provision within the passenger's cruise ticket despite cruise line's failure to specifically inform plaintiff's lawyer of such provision while communicating with the lawyer during the limitations period.
BETTY REESER, et al. v. NCL (BAHAMAS) LTD.
CIVIL ACTION NO. 05-2344
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
2005 U.S. Dist. LEXIS 17159
August 17, 2005, Decided
August 17, 2005, Filed
PROCEDURAL POSTURE: Plaintiffs, cruise line passengers, who suffered injuries aboard Defendant's cruise line in June 2003, filed suit against the cruise line in April 2005. Defendant moved to dismiss Plaintiff's claims as time barred pursuant to a one year limitations period set forth in the cruise line's passenger ticket. Plaintiff's argued that they did not receive reasonable notification of Defendant's limitation provision, that such limitation provision was not reasonable or reasonably communicated, and that Defendant failed to provide a copy of the limitation provision or ticket to Plaintiff's attorney despite communicating with the attorney during the limitation period.
HELD: Plaintiffs claims are time barred and Defendant's Motion to Dismiss is granted.
DISCUSSION: Although the time limitation provision could have been more prominent, the standard is one of reasonableness, which means the Court does not ask whether the cruise line took every possible step to put plaintiffs on notice. The location of the term does not render it unenforceable. Similarly, the size of the text in which terms are printed does not necessarily render terms unenforceable, provided that the text is readable. Although the provision could have been expressed in simpler language, the standard is one of reasonable communicativeness and the Court will not engage in "hypothesizing some further step the shipowner could possibly have taken." Finally, even if NCL did not inform the plaintiffs' counsel of the time limitation, the Court notes that NCL did point out the "rights and defenses" contained in the "passenger ticket contract" in at least two notices to plaintiffs' counsel before the time limitation period expired. The following paragraph appeared in a letter dated October 21, 2003, addressed to the plaintiffs' lawyer and signed by NCL's Senior Claims Representative: "This request for information and any conversations or correspondence between us should not be construed as an admission of liability and is without prejudice to the rights and defenses of Norwegian Cruise Line Limited, including the terms and conditions set forth in the passenger ticket contract of passage."
