Rocking the Boat over Cruise Ship Accident

Calgary, ABMaritime laws vary widely, depending on which country has jurisdiction over the waters occupied by a vessel. There have been many historic disputes between countries over boating accidents, fishing rights and trespassing charges. The potential for jurisdictional dispute is especially high when an accident happens aboard a cruise ship, as was the case in 2007 when a Canadian woman slipped and fell while holidaying aboard a Carnival Cruise liner.

Carnival Cruise Lines may be the owner and/or operator of a vessel, but in most cases, these ships are commissioned and registered in foreign countries.

Nancy Bertschy was enjoying a holiday on board a Carnival Cruise ship off the coast of Florida in November 2007 when she allegedly slipped on grease in an eating area and suffered physical injuries. Bertschy claims she was improperly moved by ship staff, which exacerbated her injuries. Now confined to a wheelchair, she is suing the operator of the cruise ship for $2.5 million in damages.

According to a November 20 edition of the Calgary Sun, "the plaintiff was walking past a lineup in a cafeteria, or food area ... and suddenly, without any warning whatsoever, slipped and fell due to a grease spill on the floor. After the accident, several agents and staff members of the Carnival Cruise defendants attempted to assist the plaintiff by placing her in a makeshift and improperly-constructed stretcher."

According to the text of the lawsuit, the plaintiff suffered several wounds from the fall and the subsequent actions of the cruise line staff, including pain and discomfort to both knees, pain in her neck, a broken leg, and "disability due to being confined to using a wheelchair."

The claim also names Bertschy's travel insurers and brokers as defendants, saying none of her medical costs have been covered.

It is not known if Bertschy's case might be compromised by the fact that the ship was registered in a foreign land and if there is any liability claimed against the builders of the ship. What's more, if the latter proves to be an issue, maritime law may or may not come into play with regard to the cruise ship accident.