Norwegian Cruise Line Not Liable Passenger Oliver Caron Injuries – On Thursday, December 6, 2018, The 11th U.S. Circuit Court of Appeals ruled against Canadian Oliver Caron, who had filed a personal injury against Norwegian Cruise Line.
Caron alleged that he was injured three-and-a half years prior while Norwegian Star was sailing in the Baltic. Caron had trespassed and was injured in a crew area of the ship on Wednesday, July 15, 2015.
Oliver Caron who was described as taking “a drunken tumble down an escape hatch” in a restricted area where Caron was not supposed to be”.
According to court documents, Caron drank beer with fellow passengers at a ship’s bar late into the evening of July 15, 2015, to the point that he felt “completely disoriented.” He then wandered into a restricted area, where he fell through an escape hatch from the ship’s bow thruster room.
The Court filing alleged, “This case arises from a drunken tumble down an escape hatch on a cruise ship. Olivier Caron, a Canadian citizen, was injured while a passenger on the Star, a vessel owned and operated by NCL. On the second day of his Baltic cruise, Caron bought an all-inclusive package, which allowed him unlimited beer and wine while on the cruise, and proceeded to drink beer late into the night. After leaving the bar, instead of returning to his room, Caron entered an area that was clearly marked with signs reading “CREW ONLY” and “RESTRICTED, CREW ACCESS ONLY.” Pressing on, Caron entered another door labeled “CAUTION Only authorized crew beyond this sign,” and fell several feet through an
emergency-exit hatch, causing injuries for which he now seeks to recover.”
Further, “On September 30, 2016, Caron amended his complaint, adding an allegation that NCL was negligent in over-serving alcohol to him. NCL moved to dismiss this claim under Federal Rule of Civil Procedure 12(b)(6) and strike the allegation of over-service on the basis of a limitations provision in Caron’s ticket contract, which required any personal-injury suits against NCL to be brought within one year of the incident giving rise to the injury. The District Court granted the motion, finding that the over-service claim was contractually barred and did not relate back to the initial complaint.”
The alcohol-related claim was dismissed because Caron failed to make it within the one-year time frame specified within his cruise ticket contract with Norwegian Cruise Line.
Norwegain counter-sued for lawsuit expenses in the amount of $
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- Norwegian Star Ship Cameras
- Norwegian Cruise Line’s Ultimate Beverage Package
- Lawsuit: Caron v. NCL
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