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With injuries that take place
aboard cruise ships, people
tend to think of passenger
injuries. Cruise ship
passengers injured in
shipboard accidents
involving slip & falls, being
crushed by doors,
assaulted by other
passengers who had too
much alcohol are often
what comes to mind.
We don't think of cruise line
employees injured in the
course of their work. This is
because these cases are not
generally handled as Jones
Act claims typically brought
by U.S. commercial
mariners. When a cruise
ship worker suffers injury, it
is often governed by
overseas arbitration
agreements.
A recent decision from the
Eleventh Circuit Court of
Appeals involved such an
arbitration agreement. A
cruise ship worker
sustained injury in the
course of employment on a
Carnival cruise ship. She
underwent surgery. The
cruise ship worker filed a
lawsuit under the Jones
Act, which governs seamen
injured in the course of
employment on U.S. Flag
vessels. The Act also
includes protections under
maintenance and cure.
The 11th Circuit Court of
Appeals ruled in favor of
the foreign arbitration, and
dismissed the cruise ship
worker's claims under the
Jones Act.
See
UNITED STATES COURT OF
APPEALS ELEVENTH
CIRCUIT No. 18-11815
D.C. Docket No. 1:16-cv-21559-FAM
CVORO, Plaintiff-Appellant versus
CARNIVAL CORPORATION, d.b.a.
Carnival Cruise Lines,
Defendant-Appellee.
Appeal from the United
States District Court for the
Southern District of Florida
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aboard cruise ships, people
tend to think of passenger
injuries. Cruise ship
passengers injured in
shipboard accidents
involving slip & falls, being
crushed by doors,
assaulted by other
passengers who had too
much alcohol are often
what comes to mind.
We don't think of cruise line
employees injured in the
course of their work. This is
because these cases are not
generally handled as Jones
Act claims typically brought
by U.S. commercial
mariners. When a cruise
ship worker suffers injury, it
is often governed by
overseas arbitration
agreements.
A recent decision from the
Eleventh Circuit Court of
Appeals involved such an
arbitration agreement. A
cruise ship worker
sustained injury in the
course of employment on a
Carnival cruise ship. She
underwent surgery. The
cruise ship worker filed a
lawsuit under the Jones
Act, which governs seamen
injured in the course of
employment on U.S. Flag
vessels. The Act also
includes protections under
maintenance and cure.
The 11th Circuit Court of
Appeals ruled in favor of
the foreign arbitration, and
dismissed the cruise ship
worker's claims under the
Jones Act.
See
UNITED STATES COURT OF
APPEALS ELEVENTH
CIRCUIT No. 18-11815
D.C. Docket No. 1:16-cv-21559-FAM
CVORO, Plaintiff-Appellant versus
CARNIVAL CORPORATION, d.b.a.
Carnival Cruise Lines,
Defendant-Appellee.
Appeal from the United
States District Court for the
Southern District of Florida
Back to Maritime Law News
Back to Maritime Attorney Homepage