866-957-5777
Menu

Cruise Passengers Cannot Recover Loss of Consortium Damages

In another recent victory for our firm, the Eleventh Circuit held that general maritime law does not allow the spouse of a cruise passenger to recover loss of consortium damages. Loss of consortium refers to the deprivation of a family relationship due to injuries caused by the tortfeasor. Loss of consortium damages were previously barred by the Supreme Court in Miles v. Apex Marine Corp., 498 U.S. 19 (1990), as inconsistent with the statutory schemes of the Jones Act and the Death on the High Seas Act. The Eleventh Circuit extended Miles to passenger personal injury cases in In re Amtrak Sunset Ltd. Train Crash in Bayou Canot, Ala. on Sept. 22, 1993, 121 F.3d 1421 (11th Cir. 1997), to maintain uniformity in the various recoveries allowed under general maritime law. The Eleventh Circuit reaffirmed its prior precedent in dismissing the cruise passenger spouse’s claim for loss of consortium damages. To read the full Eleventh Circuit opinion, click here.

NextBecome Our Client

Mase Mebane & Briggs

  • 2601 South Bayshore Drive, Suite 800, Miami, FL 33133
  • Telephone: 305-377-3770 Toll Free: 866-957-5777
  • Fax: 305-377-0080

Copyright © 2005-2019 Mase. All Rights Reserved. Brandamos - Miami SEO Company

The hiring of an attorney is an important decision and you should not rely upon advertising alone. We urge you to review our professional qualifications and/or request a copy of our firm resume. Nothing herein is intended to constitute legal advice regarding any specific problem.