In a slip and fall case, the location of the accident often determines which venue is appropriate for a civil action. Sometimes if one files suit against a business, the injured person may choose to file suit in the state where the corporation’s headquarters are located. In an appellate decision out of the Third District Court of Appeal, the court reviewed whether or not the state court system was an appropriate venue for a slip and fall that occurred while a woman was about to embark on a cruise.
The injured passenger alleged the corporation had a duty to supervise, control, and direct the crowd using the escalator as they collectively boarded the ship. She claimed they failed to provide safe ingress and egress to the cruise ship by using a faulty entranceway. The cruise ship company moved to dismiss, arguing the venue was improper based on the forum selection clause. When the passenger purchased her ticket, she agreed to all of the terms and conditions within it, including the selection of the U.S. District Court for the Southern District of Florida if an incident leads to litigation. The passenger asserted her case was properly filed in state court because the federal court lacked subject matter jurisdiction. The trial court agreed with the injured passenger and denied the defendant’s motion to dismiss, as well as the motion to reconsider. The cruise ship company appealed.
The state court of appeal noted the federal court’s general authority to hear maritime cases stems from the U.S. Constitution. They also looked at federal and state case law, which has long established forum selection clauses on cruise ship tickets are enforceable. The court concluded that federal court is the preferred venue, and it is only in the absence of admiralty jurisdiction when the proper venue is in the state court.