Under The Limitation Of Liability Act, A Cruise Ship Line Is Exonerated From Liability For Injuries Incurred By Minors Who Rented A Jet Ski For A Guided Tour Of An Ocean Bay; The Minors Were Reasonably Warned Of The Jet Ski's 300-Foot Braking Distance By
IN RE: THE COMPLAINT OF ROYAL CARIBBEAN CRUISES LTD., as owner of the
unnamed 2003 Yamaha Wave Runner XL700, 80HP Vessel, Serial Number
YAMA27941203, for Exoneration from or Limitation of Liability.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION
2006 U.S. Dist. LEXIS 77643
October 23, 2006, Decided
PROCEDURAL POSTURE: Petitioner cruise line filed an exoneration action under the Limitation of Liability Act, 46 U.S.C.S. app.ยงยง 181-188, after claimants, minors who were cruise passengers, sought damages for personal injuries incurred when the jet ski they had rented from the cruise line crashed into an island during a guided tour of an ocean bay in the Bahamas. Claimants filed a motion for summary judgment, which the cruise line opposed.
OVERVIEW: Claimants alleged that the cruise line was negligent because if failed to follow the operating manual procedures for the jet ski in question and failed to train claimants on the jet ski's off-throttle steering loss and lack of brakes. Under the Act's burden-shifting analysis, the court found that the cruise line was not negligent. Inter alia, before permitting claimants to rent the jet ski, the cruise line required them to view an operational video, watch a trained tour guide's demonstration of riding the same model jet ski, and participate in a test run to make sure they understood that the jet ski could glide up to 300 feet when stopping. Claimants had signed a waiver and release form that specifically stated that the jet ski lacked brakes and had a 300-foot stopping radius. Additionally, a warning about the lack of brakes was affixed to the jet ski itself. Under the circumstances, the cruise line exercised reasonable care. Claimants also failed to show that the jet ski was unseaworthy if properly operated. A defense expert's testimony that jet skis using off-throttle steering loss systems were defective was not intended as a legal or scientific conclusion.
OUTCOME: The court denied claimants' motion for summary judgment.
