Cruise Ship Tour Operator Faces Lawsuit After Passenger Suffered “Catastrophic” Spinal Cord Injury
Going on a cruise ship vacation is supposed to be about exploring new places and enjoying once-in-a-lifetime experiences. The last thing any passenger expects is a catastrophic, life-altering injury. Unfortunately, such accidents can occur, especially when cruise ship companies and their contractors fail to take passenger safety seriously.
Miami Judge Refuses to Transfer Case to Italian Courts
A case now pending before a federal judge in Miami, Buesking v. Aloschi Bros. SRL, offers a tragic illustration. The plaintiff in this case was a passenger about Princess Cruise Line’s Enchanted Princess. During a stop in Naples, Italy, the plaintiff took a Princess-sponsored excursion to the island of Capri, which is located about 18 miles to the south of Naples.
Two Italian companies contracted by Princess provided transportation to Capri via a ferry. According to the plaintiff’s lawsuit, however, the ferry was “unreasonably crowded,” as the tour operators “directed hundreds of passengers” to board at the same time. While attempting to board in this sea of people, the plaintiff said he tripped over an “unmarked obstacle,” and fell into a row of seats, sustaining a “catastrophic spinal cord injury” in the process.
The plaintiff, a United States citizen, subsequently sued the two Italian tour operators in Miami federal court. (Personal injury cases involving shipboard accidents fall under U.S. maritime jurisdiction, which are heard in federal court.) Here, the defendants argued the plaintiff’s lawsuit should be heard in Italian courts instead, as they were Italian companies and the accident occurred in Italian waters. The U.S. judge overseeing the case refused that request, however, because the plaintiff could not pursue a claim in the Italian courts because that country’s statute of limitations had expired. That said, the judge dismissed one of the two companies from the lawsuit as it lacked sufficient contacts with the United States for the court to assert personal jurisdiction.
As to the remaining defendant, which was the company that operated the tour, it argued it owed the plaintiff no duty of care under the law. It simply provided the tour and resold tickets provided by the ferry operator, which had been the other defendant. The judge rejected that argument, noting there was “no [legal] authority suggesting that acting as a tour guide and ticket reseller cannot give rise to a duty to tour participants.” The plaintiff therefore could proceed with his case against the tour operator.
Contact a Miami Cruise Ship Accident Lawyer
Just because an accident occurs while you are on vacation, that does not make the resulting injuries and their associated costs any less serious. But it can make your efforts to obtain full compensation for your losses more complicated, especially if you have to navigate the complexities of maritime law.
That is where our Miami cruise ship accident lawyers can help. At Pita Weber Del Prado, our attorneys have helped many cruise ship accident victims successfully recover damages for serious and catastrophic injuries caused by a company’s negligence. Call us today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=6433954755911266013
