Carnival Cruise Lines v. Shute
|Carnival Cruise Lines v. Shute|
|Court||U.S Supreme Court|
|Citation||499 U.S. 585 (1991)|
The Shutes had purchased Carnival cruise tickets in Washington through a travel agent. On the back of the tickets was a forum-selection clause, stating that all disputes should be litigated in the state of Florida. The plaintiffs admitted that they had seen the terms on the back of the ticket. On the ship, the plaintiff slipped and fell on the Carnival ship, and claimed that it was due to the negligence of the defendants.
Plaintiffs filed a claim in a Washington court, and defendant filed motion to dismiss based on the forum selection clause. It makes it all the way to the Supreme Court.
Whether a forum selection clause is enforceable for the passengers of a ship when the term are stated on the back of the travel tickets, or whether the clause violates 46 U.S.C. App. S183c.
Judgment for Carnival Cruise Lines.
The clause allowed for judicial resolutions of claims against petitioner, does not limit the liability for negligence, and therefore does not violate S183c.