If you’ve been injured while physically in the state of Florida, you generally have a right to seek damages from the negligent tortfeasor under Florida’s civil court system. You do not have to be a resident of Florida to file suit against another Florida resident or business entity with relevant connections to Florida. As with all things, there are exceptions. Even when an accident has ties to Florida through location or through business contacts, the legal avenue of relief through Florida’s court system may be unavailable to the injured person.
A Third District Court of Appeal case (No. 3D16-556) addresses the legal issues in an example of this scenario. A cabin steward on a cruise ship alleged severe injuries due to the constant heavy lifting, twisting, turning, and bending he had to perform as a cabin steward. The steward claimed the ship owners were negligent, provided an unseaworthy ship on which to work, failed to provide living subsidies and medical expenses (also known as maintenance and cure in maritime matters), and failed to provide treatment for his injuries.
The company running the cruise line is based in Spain and required all employees to sign an employment agreement with the ship management company, which was based in the Bahamas. The agreement in this lawsuit covered the term of employment, the salary, and jurisdiction over disputes. The section of an employment agreement that covers jurisdiction is known as the forum selection clause. By signing the employment contract, the employee agrees to resolve disputes with the employer in the jurisdiction chosen by the employer. The ship in this case was owned by a Maltese company, and the forum selection clause specified that all disputes must be settled in Malta. The defendant company moved to dismiss the steward’s complaint in Florida, arguing the forum selection clause precluded personal injury actions outside Malta. The steward countered that the clause was unreasonable because the location was inconvenient and expensive for him to litigate. The trial court granted the company’s motion to dismiss, finding the forum selection clause was reasonable under the circumstances because the ship was based in Malta, the owner was incorporated in Malta, and the country of Malta has an interest in regulating its ships and shipowners as well as enforcing seamen’s rights.