By Doyice Cotten

In March of 2011, a U.S. District Court in Johnson v. Royal Caribbean Cruises, LTD. (2011 U.S. Dist. LEXIS 28128) held that a waiver signed by Charlene Johnson relieving Royal of liability for negligence was enforceable.  The court ruled that the federal statute 46 U.S.C. 30509 (which prohibits liability waivers on cruise ships) was inapplicable because the activity involved was an ultra- hazardous, on-board surfing activity called Flow Rider and was not an essential function of the cruise ship.

The plaintiff, Johnson, appealed the ruling based upon the statute. The statute states:

(a) Prohibition.
(1) In general. The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting–
(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or
(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.
(2) Voidness. A provision described in paragraph (1) is void. 46 U.S.C. § 30509(a)(1)(A).

On December 20, 2011, the appellate court (Johnson v. Royal Caribbean Cruises, LTD., 2011 U.S. App. LEXIS 25240) agreed with Johnson that the language of this statute is clear and unambiguous; that it leaves no room for interpretation using the legislative history or purpose in enacting the statute. The court reversed the ruling of the district court; held that the waiver of liability is not enforceable to this claim; and remanded the case to the district court for proceedings in conformance the ruling.

So, the statute prohibits cruise ships from protecting themselves from on-board liability by the use of waivers; therefore, the cruise line is not protected from liability for negligence for on-board recreational activities like Flow Rider and climbing walls.  NOTE: this statute does not apply to waivers relating to on-shore excursions.

Photo Credit: Thanks to Tiger Girl at http://www.flickr.com/photos/tigergirl/2873147449/sizes/n/in/photostream/.