Where Must Foreign and Domestic Cruise Ship or Air Travel Lawsuits be Filed ?

While most Dulles Airport accident cases filed by ABRAMS LANDAU have been set in the Circuit Court of Loudoun County, Virginia, the Leesburg courthouse is not the only venue for Northern Virginia Airline or airport injury cases to be heard by a jury.

In light of the Costa Concordia cruise ship disaster off the coast of Italy, travelers are learning that they are limited as to where they may file a lawsuit to get reimbursement for their losses. Because of the fine print on the cruise’s tickets, the injured passengers’ lawsuits must be filed in Italy. For a Costa cruise that touches any part of the U.S., the ticket contract says the lawsuits should be filed in Federal Court in South Florida. The same is true for Carnival Cruise Lines, which owns Costa, and many other major cruise lines. But for cruises that travel only outside of the United States, the ticket usually mandates that any claims be brought where the foreign shipping company’s base of operations or corporate headquarters are located. These “choice of forum” clauses in the cruise line industry are not as common in other forms of travel, according to yesterday’s article in Lawyers Weekly.

Lawsuits against airlines can be brought almost anywhere the air carrier does business for domestic flights. For injuries in international flights, lawsuits can generally be brought in the airlines home location or where the flight departed, among other venues. According to Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd., the injured air traveler may have several choices when it comes to where to bring the claim. Lawyer Landau notes that the negligent defendant, whether airline, bus company or other “common carrier,” can generally be sued where they “live” (i.e., their headquarters or main base of operations) or where the accident happened. The injured victim cannot just pick some random state in which to sue, and the Defendant generally must be shown to be doing business (and availing itself of the protection of the state’s laws) in order to be hailed before that jurisdiction’s judges in a personal injury case.

Virginia, Florida and D.C. accident lawyer Doug Landau further notes that this means that the injured passengers’ doctors, family and co-worker witnesses may be located far from the Court where the case will ultimately be tried. That is why early investigation and securing critical evidence and statements can make or break an innocent passenger’s personal injury case. If you or someone you know or care for has been injured as the result of an accident at an airport or due to an airline’s unsafe decisions, and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.