New York, NY asked in Admiralty / Maritime for New York

Q: If I'm injured on a cruise ship, would that fall under maritime law or regular personal injury?

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4 Lawyer Answers
Nicholas I. Gerson
Nicholas I. Gerson
PREMIUM
Answered
  • Maritime Law Lawyer
  • Miami, FL

A: Maritime law, not state law.

Brian Lehman
Brian Lehman
Answered

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

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Scarsdale, NY
  • Licensed in New York

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

Gordon Charles Webb
Gordon Charles Webb
PREMIUM
Answered
  • Maritime Law Lawyer
  • Seattle, WA

A: General Maritime law will apply

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