Buried deep in the passenger contract is language which dictates how, when and where claims against Princess Cruise Lines have to be filed. Generally, the contract requires that written notice to the cruise line must be made about the potential claim “giving full particulars of the claim” within 6 months of the date of the incident.
(A) Notice of Claims and Time Limits for Legal Action:
(i) Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to or death of any Guest, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.
B) Forum and Jurisdiction for Legal Action:
(i) Claims for Injury, Illness or Death: All claims or disputes involving Emotional Harm, bodily injury, illness to or death of any Guest whatsoever, including without limitation those arising out of or relating to this Passage Contract or Your Cruise, shall be litigated before the United States District Courts for the Central District of California in Los Angeles, or as to those lawsuits over which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Los Angeles County, California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts.
This means that injured passengers must bring and file their lawsuits in California in federal court and served on Princess within one year of the date of the incident. This is often a huge surprise to a passenger injured on a Princess cruise due to a slippery deck, unmarked threshold, a steep gangway or dangerous staircase, on a tender boat, on a gangway or excursion. It can also be very expensive and difficult for people to have to travel to Los Angeles to litigate these cases.
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