Q: If I'm injured on a cruise ship, would that fall under maritime law or regular personal injury?
A: Maritime law, not state law.
A:
Justia provides an overview here: https://www.justia.com/admiralty/cruise-ships/
Seems like we need more facts to make a determination.
www.lehmanlawgroup.com
Aubrey Claudius Galloway agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (914) 912-1555
- View Profile
- Answered
A:
With all due respect to my colleagues, I must disagree with Mr. Gerson's answer. I am not only an attorney, but a Coast Guard captain as well; thus, I feel like I am in a good position to provide you with the correct answer to this question.
The answer to the question is that the law of whatever country or state where the ship is registered to do business is the SUBSTANTIVE law that must be applies... The PROCUDURAL law only is dictated by the Maritime statutes. This comes from the progeny of the Erie Doctrine.
What makes these cases very hard to do is to find a proper forum where both subject matter jurisdiction and personal jurisdiction or not at issue. Furthermore, importantly, I must know that most of the ships, if not almost all, are registered outside of the United States… The crew ships we generally get on from the continental US are largely registered in the Bahamas… As such, substantive law from the Bahamas would be applied and international maritime law would dictate the procedural aspects of the case.
If you have anymore questions please respond to this answer our visit our website at AG3LAW.COM
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (877) 800-1007
- View Profile
- Answered
A: General Maritime law will apply
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
