When an alcohol-related injury occurs on a cruise ship, defense counsel often attempts to use the location of the vessel to confuse the legal standard. They may argue that because the ship was 12 miles offshore, state Dram Shop acts do not apply.
However, for cases filed in US Courts (where most major cruise lines are headquartered), the General Maritime Law (GML) applies. Under US Federal precedent, shipowners owe a duty of “reasonable care,” which includes the duty not to serve visibly intoxicated passengers.
Here is how we help US attorneys establish liability under federal maritime standards.
1. The “Reasonable Care” Standard (Kermarec v. Compagnie Generale Transatlantique)
In US courts, the governing standard comes from the Supreme Court decision in Kermarec. It establishes that a shipowner must exercise reasonable care under the circumstances.
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Our Analysis: We focus on proving that the service of alcohol violated this federal standard. If a bartender served a guest who was slurring, stumbling, or aggressive, the shipowner failed to exercise “reasonable care,” regardless of which ocean the ship was in.
2. Forensics vs. The “Foreign Flag” Defense
Cruise lines often fly foreign flags (Bahamas, Panama) to avoid certain regulations. However, when litigating in Miami or Seattle, US forensic standards still apply to the evidence.
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The Data: We audit the Point of Sale (POS) logs to calculate a minute-by-minute “Rate of Consumption.” If the data shows the passenger was served 10 drinks in 2 hours, we use this to scientifically demonstrate that the crew ignored objective signs of impairment, establishing negligence under US evidentiary standards.
3. Breaking the “Exculpatory Clause”
Ticket contracts often try to limit liability. However, US courts look disfavorably on waivers that attempt to excuse gross negligence.
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The Strategy: By identifying systemic failures—such as a lack of bartender training or a failure to follow the cruise line’s own alcohol policies—we help plaintiff counsel argue that the conduct went beyond simple negligence, potentially bypassing ticket limitations.
The Takeaway You do not need a “Dram Shop Act” to win a cruise case. You need to prove a breach of Federal Maritime Duty. We provide the forensic timeline required to satisfy the burden of proof in US Federal Court.