Miami Shipping Law

In a case lost by Carnival,  Terry v. Carnival , case no.: 1:13-cv-20571, a group of passengers whose four-day cruise turned into a nightmare in February 2013 have been awarded compensation by a court. The CARNIVAL TRIUMPH broke down after an engine fire, crippling its propulsion, electrical and plumbing systems. Passengers sued Carnival Corp., claiming they endured three days of deplorable, unsafe, unsanitary and hot conditions, including a lack of working toilets. The allegations were that the company knew the ship was not seaworthy even before an engine room fire knocked out power and created overflows of raw sewage.     The passengers accused Carnival of breach of maritime contract for failing to provide them with safe passage on a seaworthy vessel, adequate food and sanitary and safe living conditions, and also alleged the company committed fraud and made negligent misrepresentations about a luxurious, stress-free vacation. Shortly after the incident,...

The Nairobi International Convention on the Removal of Wrecks enters into force today (April 14, 2015). The Convention places strict liability on owners for locating, marking and removing wrecks deemed to be a hazard and makes national certification of insurance, or other form of financial security for such liability, compulsory for ships of 300 gross tons and above. It also provides member nations with a right of direct action against insurers. The Convention fills a gap in the existing international legal framework by providing a set of uniform international rules for the prompt and effective removal of wrecks located in a country’s exclusive economic zone or equivalent 200 nautical miles zone. The Convention also contains a clause that enables member nations to “opt in” to apply certain provisions to their territory, including the territorial sea. The Convention provides a legal basis for member nations to remove, or have removed, wrecks that pose a danger or impediment to ...