FAQ
Cruise Lines Alcohol Liability Expert Witness > FAQ
- FAQ
Frequently Asked Questions
Attorneys often ask how the evaluation process works and what support they can expect. These answers provide clarity on case review procedures, documentation needs, timelines, and expert involvement during litigation.
Does US Dram Shop law apply if the injury occurred in international waters?
Strictly speaking, state “Dram Shop Acts” typically do not apply outside territorial waters. However, cases filed in US courts (where most major cruise lines are headquartered) are governed by General Maritime Law (GML). Under US Federal precedent (specifically Kermarec v. Compagnie Generale Transatlantique), shipowners owe a duty of “reasonable care under the circumstances.” We help you prove that serving a visibly intoxicated passenger was a breach of this federal duty, regardless of the ship’s location.
How do you prove "overservice" without reliable witness testimony?
Witnesses on cruise ships are often unreliable due to intoxication or vacation mentality. We rely on Forensic Data Reconstruction. By auditing the passenger’s “folio” (onboard expense account) and correlating it with Point of Sale (POS) timestamps, we can calculate a minute-by-minute “Rate of Consumption.” If the data proves the passenger was served 10 drinks in 90 minutes, we can scientifically demonstrate negligence even without a witness statement.
How does the Cruise Vessel Security and Safety Act (CVSSA) impact my case?
The CVSSA (passed in 2010) establishes federal statutory requirements for cruise ships embarking/disembarking in the US. It mandates specific protocols for crime scene preservation, video surveillance retention, and “Man Overboard” detection. If your case involves sexual assault or a missing passenger, we analyze whether the cruise line failed to meet these strict federal compliance standards, which can serve as powerful evidence of negligence.
My client signed a ticket contract with a liability waiver. Can we still pursue a claim?
While ticket contracts are restrictive, US courts generally look disfavorably on waivers that attempt to exculpate a cruise line from gross negligence or statutory violations. Our analysis focuses on identifying systemic failures—such as a complete lack of bartender training or ignoring documented security threats—that go beyond simple negligence, helping you argue that the conduct falls outside the scope of the waiver.
What specific documents should we request during discovery for an alcohol case?
Beyond the standard incident report, you must request:
The specific passenger’s “Folio” or Transaction Log (raw data, not just the receipt).
The ship’s Alcohol Service Policy & Training Manuals in effect on the date of loss.
Security Dispatch Logs for the 24 hours prior to the incident (to show notice of behavior).
CCTV footage not just of the incident, but of the 2 hours of service leading up to it.
Crew Personnel Files for the bartenders involved to check for prior infractions.
Independent, evidence-based evaluations for alcohol-related injury cases, providing attorneys with clear insight into service actions, venue conditions, and factors contributing to incident outcomes.
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