Virginia Injury Lawyer Blog

Spirit of Nantucket cruise ship grounded in Pungo, Virginia Beach Nov. 8

"A vessel operator owes passengers and visitors aboard its vessel a duty of reasonable care under the circumstances to not negligently injure them and to warn them of any dangers of which he knows or should know.  Liability of a passenger carrier for creating and maintaining a dangerous condition must be predicated on actual or constructive notice of its existence."

"A split authority whether a vessel operator owes to passengers a duty of "reasonable care" or the "highest duty of care" has been resolved that the duty is one of reasonable care under the circumstances, the circumstances requiring more diligence on teh part of the shipowner with respect to risks that are not normally encountered by passengers in their shoreside lives."

"46 U.S.C. App. Section 183c invalidates any provision in any contract for carriage of passengers on a voyage to or from a port of the United States which purports to exculpate the carrier or limit its liability, or limit the claimant's right to trial, for death or injury to a passenger."

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