A seven year old boy was killed in a jet ski accident during a cruise vacation in the Bahamas recently. Interestingly, Royal Caribbean claims that it holds no responsibility since the accident occurred while the boy was on an excursion from the ship.Most excursion tickets from cruise lines contain disclaimers that the cruise line is not liable for injuries that happen ashore. However, in most...
The Cruise Ship "The Empress of the North" ran aground in Icy Strait near Juneau, Alaska recently. The ship was operated by Majestic America Line out of Seattle. People who sign up for cruise ships usually (and often unwittingly) also sign a contract which includes a "forum selection clause" requiring them to file any claim in a specified place. Seattle is a booming hub of the cruise line...
A seven person federal jury determined Big Mountain was not liable for the injury of a young boy. As noted in an earlier entry it's tough to win cases against ski areas. The law is unfavorable and jurors are pre-disposed to think that skiers and snowboarders have assumed any and every risk imaginable. Even though they're tough, valid cases should be seriously considered. And, as mentioned in...
Menu Foods--with plants in the United States and Canada--has announced an extremely broad recall of cat and dog food (specifically, the "cuts and gravy" variety which dcomes in cans and small foil pouches). The recall covers over 60 million containers of wet pet food. The recall was announced after reports of kidney failure and at least 10 deaths.The pet food was sold by stores operated by...
A University of Texas study showed that four in 100 passengers visited shipboard infirmaries. Eighteen percent of those who visited infirmaries had been inured. In a recent interview, Sally van Boheemen, RN and Director of Holland America Line's Fleet Medical Operations, explained that injuries ranged from sprained ankles to broken hips. In addition, passengers often need to leave a ship for...
Assumption of risk is a huge issue in ski accident cases. The doctrine--which implicates the reasonable care of ski resorts and the personal responsiblity of skiers and riders--was a central issue in a recent case tried in front of the U.S. District Court in Helena, Montana. A six-year-old was seriously injured in 2005. The accident took place in a highly congested area. According to an...
Thanks to Mary Whisner at the University of Washington School of Law for posting on the state's trial law blogs - with all the new legal "blawgs" launching every day, it's hard to keep track of them all. She mentions this about the blawgs: These blogs vary a lot in how much content they offer, how often they are updated, and the extent to which they appear to be online extensions of billboards...
A "forum selection clause" is a portion of a contract that specifies where a particular dispute will be litigated. Sometimes these clauses are enforceable. Other times they are not. The Holland America forum selection clause--which makes Seattle the exclusive place to litigate Holland America passenger injury claims--is enforceable. If suit is filed outside the Western District of Washington...
"It's just unbelievable that he's on the road." That's what the families of two scientists who were killed in a logging truck accident said when they found out the logging truck driver was still on the road...and has been involved in another accident. Logging trucks are large, dangerous and need to be more closely regulated--both by the State and by the companies that hire them to haul logs to...
Holland America has a number of vessels. They include the following:ms Amsterdam ms Maasdam ms Noordam ms Oosterdam ms Prinsendam ms Rotterdam ms Ryndam ms Statendam ms Veendam ms Volendam ms Westerdam ms Zaandam ms ZuiderdamInjuries on any and all of these ships must be reported in writing to Holland America within six months of the injury or else there will be no recovery. Suit for any...
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