Cruises and Casinos - Be Carefree, Not Careless!
July 28, 2003
Robert S. Murphy, Jr., Esquire
Cruise ships are basically floating cities, and whenever you gather thousands of people together it is inevitable that trouble will occur. The same holds true for casinos on Indian Reservations where thousands flock daily. Injuries from intentional acts or negligent behavior happen there just like they do everywhere else. There is a common misconception about bringing legal claims in these venues. Most people assume that they can simply report the incident, get a lawyer and proceed with their claim. Unfortunately, cruise ship claims and Indian Reservation litigation is complex, with strict limitations regarding when and where a claim must be made.
Cruises are dream vacations for which people invest significant amounts of time and money when planning such a trip. Nobody wants to dwell on what might go wrong. The truth is shipboard physical and sexual assaults do occur. Injuries due to negligence can happen on both the ship and in the ports that passengers visit.
Perhaps the very nature of a cruise enhances the potential for sexual assault. Memories of the romances seen on years of “The Love Boat,” episodes can make some more open to shipboard dalliances, which may turn violent. Cruise lines usually allow employees to determine their own level of involvement with passengers, and some staffers may go too far. Therefore, people on vacation shouldn’t leave their common sense at home. More common, of course, is injury to a passenger as a result of the negligence of a crew member.
The rights of a passenger to bring a claim for injury is governed by the terms contained in their ticket. The ticket is a contract which often dictates when suit must be filed and where suit must be filed (venue). Typically suit must be filed within one year from the date of incident. This is radically different from the three-year statute of limitations for filing suit in tort cases here in Massachusetts. Also, claims from Atlantic cruises generally must be filed and tried in Florida courts. Pacific cruise tickets usually provide for litigation in California. These provisions are established for the benefit of the cruise lines, not the consumer. It is not uncommon for an injured traveler to assume they have more time to bring a claim or that they can file suit close to home. If you are harmed during a cruise or while in port, you should promptly consult with counsel who is familiar with the unique nature of litigation against cruise lines so that procedural mis-steps are avoided.
With Foxwoods and The Mohegan Sun so close, a jaunt to try your luck is a popular activity for scores of area residents. Patrons of these establishments assume that traditional legal rights and remedies for injury resulting from the intentional or negligent acts of their host Tribes and their employees are available. Nothing could be further from the truth. The Supreme Court of Connecticut has held that Tribal Courts have jurisdiction over Tribal Lands. All civil litigation arising from incidents on Indian Reservations are resolved by Tribal Courts. Criminal law is investigated and prosecuted by the State of Connecticut, however, civil actions for incidents that occur on Tribal Property are governed by Tribal Law and procedures.
The Tribe controls the conditions under which claims are made and cases are tried. These restrictions include an extremely tight timeframe to give notice of a claim: two hundred seventy days after the incident at the Mohegan Sun and one hundred eighty days after the incident at Foxwoods. Apart from giving notice, suit must be filed within one year of injury at Foxwoods. Steps to preserve your legal rights must be taken promptly following an incident. In addition, the claim can only be litigated by members of the Tribal Bar, in front of Tribal Judges. Also significant is the fact that both the Mohegans and the Mashantucket Pequots significantly limit awards. For example, the Pequots limit recovery to that which is equivalent to actual damages and up to 100% of that amount to compensate for pain, suffering or mental anguish. Loss of consortium claims are not allowed.
Since litigation from incidents that occur on cruise ships or on Tribal Land are procedurally complex and difficult to prosecute, it is advisable to abide by these steps following an incident:
· Seek medical attention ASAP
· Report the incident immediately to your host and request a copy of the accident report
· If physically assaulted, also file a report with the local police department
· Consult with an attorney familiar with these types of claims
· Do not discuss the case with insurance representatives or employees of the property owner before talking to a lawyer
· Refuse to sign a release or accept payment before talking to a lawyer
· Take photos of the location and injuries suffered if possible
· Save any proof that you were on the cruise or at the casino that day, including boarding pass, receipts, etc.
While cruises and casino visits are usually fun times, sometimes bad things happen that require litigation for resolution. It is very important for people to realize that there are extremely tight notice and filing requirements and that the cruise lines and Indian Tribes control the venue and litigation process. Relax. Enjoy yourself. But if a mishap occurs, be sure to promptly seek legal advice in order to preserve your legal rights.
Robert S. Murphy, Jr., Esquire, is an experienced trial attorney with Bacon & Wilson, P.C, handling all types of litigation in both state and federal courts. A former prosecutor for the district attorney's office, Bob brings substantial experience to the firm's litigation department. He can be reached at 413-781-0560 or rmurphy@bacon-wilson.com
Valley Business Outlook
July 2003
Life Stages
Areas of Practice
