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This paper examines the issues involved in a theft and resultant death on a cruise ship. The paper discusses questions of liability and of agreeing to the amount in damages to be paid by the cruise company to the victim. The paper describes the circumstances of the theft and laws that govern and protect those traveling at sea. In particular, the paper analyzes the Maritime Transportation Security Act. The paper concludes by suggesting an amount to be paid in damages, and further recommends that the cruise ship company look into obtaining insurance to cover harm to passengers that is the result of criminal conduct.
From the Paper:"First, one must consider the potential liability if this had occurred at a DWI owned resort on American soil. In that case, DWI would have liability for the actions of its employees. Though DWI cannot control the tortuous behavior of its clientele, by establishing the type of safety precautions they have for guests and providing guests with in-room safes, DWI represents a certain level of safety. There is no question that Mrs. Lowell would be able to recover for the theft, since the company failed to protect the in-room safes. However, it is questionable whether Mrs. Lowell could recover for the other actions because they were the result of intentional torts committed by the employees. The issue of liability would hinge on DWI's knowledge of the employees' criminal tendencies, including whether DWI performed an adequate background investigation of those employees."
Sample of Sources Used:
- Cruise Lines International Association. (2008). Personal safety and security. Retrieved December 9, 2008 from Cruise Lines International Association Web site: http://www.cruising.org/industry/personal_safety_security.cfm Fl. Stat. 731.301(b)(1).
- Gillespie, D. (2007). Survey of Illinois law: contract law. Retrieved December 9, 2008 from Southern Illinois University School of Law Web site: http://www.law.siu.edu/research/31surveypdf/gillespie.pdf
- Maritime Transportation Security Act (MTSA), 46 U.S.C.S. 701 et seq.
- US Legal. (2008). Choice of law law &legal definition. Retrieved December 9, 2008 from US Legal Web site: http://definitions.uslegal.com/c/choice-of-law/).
- U.S. Const. amend. XIII.
Cite this Case Study:
Flags of Convenience (2010, October 29) Retrieved February 07, 2023, from https://www.academon.com/case-study/flags-of-convenience-145228/
"Flags of Convenience" 29 October 2010. Web. 07 February. 2023. <https://www.academon.com/case-study/flags-of-convenience-145228/>