Question About Cruise Contracts on Personal Injury Claim

[littlelaw]

Hello all,

I have a question about a cruise contract and the statute of limitations (SOL).

A complaint was filed for personal injury sustained by a passenger aboard a cruise line vessel. The Defendant has filed a motion to dismiss saying that the statute of limitations has run.

The complaint was filed one year after the injury (i.e. February 1, 2003 was the injury, the complaint was filed February 4, 2004). The motion states that the complaint is time-barred bacause of the one-year time limit imposed by the contract.

Here are my questions:

1) Does maritime law apply at all to this case? I heard something about the SOL for maritime claims being three years.

2) Can a contract call for a more limited time period that the state SOL?

3) Do the federal rules apply to computing the time period? ie Rule 6(a).

4) Is there any other way to get out of the one year restriction?

Thank you all so much!

 

[Michael Wechsler]

It is most important to read the statute itself as to the language and exactly what time the statute begins to run. According to your facts, the complaint was filed after one year. There might be some delay due to settlement negotiations and other reasons to "toll" the statute. I'd look up the provision relating to that section in the appropriate rules of the jurisdiction.

Is this case in state or federal court? If it's in state court, then the state rules apply. I'm not sure if maritime law applies and, without saying I know, would seem to think it may not in this case.

Without knowing more, it's difficult to say whether you could survive the motion to dismiss.

Originally posted by littlelaw
Hello all,

I have a question about a cruise contract and the statute of limitations (SOL).

A complaint was filed for personal injury sustained by a passenger aboard a cruise line vessel. The Defendant has filed a motion to dismiss saying that the statute of limitations has run.

The complaint was filed one year after the injury (i.e. February 1, 2003 was the injury, the complaint was filed February 4, 2004). The motion states that the complaint is time-barred bacause of the one-year time limit imposed by the contract.

Here are my questions:

1) Does maritime law apply at all to this case? I heard something about the SOL for maritime claims being three years.

2) Can a contract call for a more limited time period that the state SOL?

3) Do the federal rules apply to computing the time period? ie Rule 6(a).

4) Is there any other way to get out of the one year restriction?

Thank you all so much!

 

[roger123]

Thanx for the information ,i was looking for it.