The past year has seen developments including the passage of the Cruise Vessel Security and Safety Act of 2010 which seeks to protect cruise passengers from rapes, assaults and robberies, vigorous enforcement of the Americans with Disabilities Act, responses to the dangers of risky shore excursions often delivered by foreign ground suppliers beyond the jurisdiction of U.S. courts, and the increasing number of litigation roadblocks being imposed by the courts which make it very difficult, indeed, for injured cruise passengers to seek appropriate compensation in a convenient local court.1 For example, the enforcement of forum selection clauses, choice of law clauses, mandatory arbitration clauses, disclaimers of liability for the malpractice of ship’s doctors and medical staff and disclaimers of liability for accidents that occur during shore excursions.
The cruise industry grew rapidly from 2004 to 2010; one article described this period as “the greatest cruise ship building boom in history—fueled by innovation and new technology”2). Bigger is better when it comes to cruise ships. In 2009 the Oasis of the Seas, the world’s largest cruise vessel was launched which “measures 1,187 feet long and has seven themed ‘neighborhoods’; it was built over two years at a reported cost of $1.5 billion. Its 16 decks offer capacity for more than 5,000 guests and 2,000 crew members—as well as 12,000 plants.”3
Security and Safety Act
