Cruise Ship Lawyer Fundamentals 3 — Questions and Answers
Question 1: What is the basic definition of 'tort' relevant to passenger injury cases?
- A civil wrong causing harm for which the law provides a remedy (Correct answer)
- A criminal felony
- A written contract
- A type of maritime lien
Correct answer: A civil wrong causing harm for which the law provides a remedy
A tort is a civil wrong, such as negligence, that causes harm and gives rise to liability.
Question 2: To prove negligence against a cruise line, a plaintiff must show duty, breach, causation, and what else?
- Damages (Correct answer)
- Intent to harm
- A signed waiver
- Criminal record
Correct answer: Damages
Negligence requires duty, breach, causation, and actual damages.
Question 3: Under the cruise context, 'notice' usually means the cruise line knew or should have known about what?
- The dangerous condition that caused injury (Correct answer)
- The passenger's address
- The weather forecast
- The captain's salary
Correct answer: The dangerous condition that caused injury
Liability often hinges on whether the cruise line had actual or constructive notice of the hazard.
Question 4: Which legal principle reduces a plaintiff's recovery based on their own share of fault?
- Comparative negligence (Correct answer)
- Res ipsa loquitur
- Stare decisis
- Habeas corpus
Correct answer: Comparative negligence
Comparative negligence apportions damages according to each party's percentage of fault.
Question 5: The Latin term 'res ipsa loquitur' means the thing speaks for itself, implying what?
- Negligence is inferred from the accident itself (Correct answer)
- The defendant is innocent
- The case must be dismissed
- Damages are doubled
Correct answer: Negligence is inferred from the accident itself
Res ipsa loquitur lets negligence be inferred when an accident wouldn't normally happen without negligence.
Question 6: A passenger signs a liability waiver before a zip-line excursion. Are such waivers always enforceable?
- No, courts may void waivers contrary to public policy or maritime law (Correct answer)
- Yes, always fully enforceable
- Only if notarized
- Only for crew members
Correct answer: No, courts may void waivers contrary to public policy or maritime law
Maritime law and public policy can render certain liability waivers unenforceable, especially against carriers.
Question 7: What does 'jurisdiction' refer to in a cruise injury lawsuit?
- A court's authority to hear and decide the case (Correct answer)
- The ship's nationality flag
- The passenger's nationality
- The amount of damages
Correct answer: A court's authority to hear and decide the case
Jurisdiction is the legal authority of a court to adjudicate a particular dispute.
Cruise Ship Lawyer Fundamentals 3
What is the basic definition of 'tort' relevant to passenger injury cases?