Recently Royal Caribbean Cruise Line successfully dismissed a wrongful death claim against the cruise line because the lawsuit was filed in the U.S. District Court in Florida. The dismissal was granted because the cruise ship ticket and passage contract required that all personal injury claims be litigated in the courts of England and Wales and governed by English law.
Therefore, when entering into contracts where there could be a future dispute, you should use certain language specifying the location and venue of where disputes must be resolved. These clauses are commonly referred to as “forum selection clauses”. Many times these clauses can be used to deter personal injury litigation, or at least insure that you are able to arbitrate or litigate in your state or county.
If you are not sure about the forum selection or need help in putting an enforceable one together, please contact me at (480) 833-1113 to set up an appointment.
Attorney Profile: Shane D. Buntrock, Personal Injury Attorney