For passengers injured on
cruise ships, one of the
fundamental issues that
presents itself is the
abbreviated
statutes of
limitations
applied by cruise
lines. In an accident on a
cruise ship where a
passenger sustains injuries,
this can limit the timeframe
within which a lawsuit can
be filed.

Another compelling issue
that confronts a passenger
who sustains injury in a
cruise ship accident is the
forum selection clause.
With this legal tool, cruise
lines stipulate where an
action can be brought by a
plaintiff. In a recent case
involving plaintiffs from
New York and a cruise line
with a principal place of
business in Connecticut.
The claim was based on
legal causes of action that
included personal injury,
loss of society, loss of
consortium. The cruise line
filed a motion  pursuant to
Federal Rule of Civil
Procedure ("Rule") 12(b)(6)
to dismiss the Complaint, or
in the alternative, to change
venue pursuant to 28 U.S.C.
§ 1404(a).  The motion has
been fully briefed and was
considered on the basis of
the submissions without
oral argument. Aside from
the statute of limitations,
jurisdiction and venue in
federal court are major
issues that confront injury
victim claimant plaintiffs
who file lawsuits in federal
court or state court for
injuries sustained in a
cruise ship accident.

See
Commander (Plaintiffs)
v American Cruise Lines
(Defendant). UNITED
STATES DISTRICT COURT
NORTHERN DISTRICT OF
NEW YORK 1:18-CV-1274


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