You bought a cruise ticket online and clicked “agree.” However, you likely never read the fine print. Buried in that contract was a forum-selection clause. This single term dictates where you can file a lawsuit if an injury occurs. Consequently, this clause often forces injured passengers to sue in designated courtrooms far from home.
Cruise Ticket Forum-Selection Clauses Are Usually Enforceable
The U.S. Supreme Court settled the basic rule in a well-known cruise case. It held that forum-selection clauses in cruise passage tickets are enforceable as long as they are not fundamentally unfair.
In that case, the Court found the clause reasonable because the passengers had notice of it and the court it designated was not a “remote alien forum.” In other words, a cruise line can generally require you to sue in a particular place it chose in advance — provided the arrangement isn’t unfair to the passenger.
Why the Destination Is So Often Florida
Many major cruise lines base their U.S. operations in South Florida, and their ticket contracts frequently designate a specific court there. Because courts routinely enforce these clauses under the rule above, a large share of cruise passenger injury cases end up litigated in Florida — regardless of where the passenger lives or where the injury happened. This is why having counsel familiar with maritime litigation in that forum can matter.
The Clause Is Not the Only “Fine Print” Deadline
Forum-selection clauses often travel alongside other passenger-ticket terms that can trap the unwary. Federal law permits a passenger carrier to require:
- Written notice of a personal-injury claim within as little as six months after the injury, and
- The filing of a lawsuit within as little as one year after the injury.
So, the ticket may not only tell you where to sue — it may sharply limit how long you have to do it. Notice and suit-limitation provisions that comply with these federal limits are enforceable.
What This Means If You Were Injured on a Cruise
Before you assume you can file a lawsuit near home on your own schedule, read your ticket contract carefully — or have a maritime attorney read it for you. Two questions are critical: Where does the ticket say you must sue, and by when? Because these clauses are frequently enforced and the deadlines can be short, acting quickly protects your options.
Disclaimer: This blog post is provided for educational and informational purposes only. It is not legal advice and does not create an attorney-client relationship. Maritime law is complex and continues to evolve; the authorities discussed here are drawn from a general legal treatise and may have been modified by later court decisions or legislation. Do not rely on this article as a statement of the current law or as advice about your specific situation. For advice about your own case, consult a licensed maritime attorney.
Authorities Discussed in This Article:
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) — Holding that forum-selection clauses in cruise passage tickets are enforceable as long as they are not fundamentally unfair; the clause there was reasonable because the plaintiffs had notice of it and the designated forum was not a “remote alien forum.”
- 46 U.S.C. § 30506(b) — A carrier may not require passengers to give notice of a personal-injury claim within a period of less than six months after the injury, or require that suit be commenced within a period of less than one year after the injury.
About Maderal Byrne & Furst: Maderal Byrne & Furst PLLC is a Miami-based law firm that represents passengers seriously injured in cruise ship and maritime accidents. We encourage you to learn more about our firm, meet our attorneys, explore our other practice areas, view our results or see our rating and reviews on Google.
If you or a loved one was hurt aboard a cruise ship, contact us for a free, confidential case evaluation. Because cruise claims carry short deadlines, please reach out promptly.