Biloxi / Gulfport Personal Injury Lawyer - Carnival

Coast Guard suspends search for Alabama woman

Gerry McGill — Thu, 18 Jun 2009 14:31:56 GMT

After searching more than 3,600 square miles over three days the Coast Guard has suspended its search for an Alabama woman who is believed to have gone overboard from a Carnival cruise ship late Monday night. A passenger on the Cruise Ship Holiday reported hearing a splash late Monday night when the ship was 75 miles southwest of Pensacola, Florida. A cabin-to-cabin search revealed that 50-year-old Michelle Vilborg of Bay Minette, Alabama was missing from the ship.

The FBI said its violent crimes unit is investigating Vilborg's disappearance. Agent Tim White said agents are looking at every possible angle.

A website that reports on passengers overboard from cruise ships, cruise junkie.com, reports that 7 passengers have been lost this year from Carnival cruise ships.

Originally posted at InjuryBoard by Gerry McGill

More on forum selection limitations in passenger tickets

Gerry McGill — Sun, 22 Feb 2009 22:30:39 GMT

After I posted a blog last week on how cruise lines can limit where lawsuits can be filed against them I received a quesion if it mattered where the ticket was purchased or where the person boarded the ship or where the injury occurred on the cruise mattered. The simple answer is: NO, the cruise ticket provisions prevail. A 1991 United States Supreme Court decision held that a Washington state resident who purchased a ticket from Carnival Cruise Lines, who boarded the ship in California and who was injured off the west coast of Mexico could only bring suit in Miami, Florida. Is this right? NO. Is it the law? Unfortunately, YES.

Originally posted at InjuryBoard by Gerry McGill

Cruise tickets limit where cruise lines can be sued.

Gerry McGill — Tue, 17 Feb 2009 17:14:18 GMT

Last week I discussed how the cruise lines use the passenger ticket to limit the time an injured passenger has to file suit against a cruise line. In addition, provisions are inserted in tickets to specify the only place where the cruise lines can be sued. For example, if you are injured on a Royal Caribbean or Celebrity Cruises vessel you will be limited by a ticket provision to file suit only in the state or federal courts of Dade County (Miami), Florida. Carnival Cruise Lines, which is the largest cruise line, goes even further and specifies that suit can be filed only in the Federal District Court for the Southern District of Florida located in Dade County, Florida. Holland America Lines require suit to be filed in the Federal District Court in Seattle, Washington. Perhaps the most curious is Disney Lines which requires suit either in the state court in landlocked Brevard County, Florida or the Federal District Court for the great "seaport" of Orlando, Florida. These forum selection clauses are one of the most effective techniques used by the cruise line industry to limit personal injury litigation. The cruise lines are well aware that most of their passengers do not live near these ports and probably do not live in the same state. By requiring that all lawsuits be brought in only one inconvenient location, many otherwise valid lawsuits will never be pursued because of the victim's reluctance or inability to travel back to the area for depositions and trial.

Originally posted at InjuryBoard by Gerry McGill