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the cruise vessel vacationers get to the port of
safety safely. The cruise liners must exercise
the highest degree of care to protect
passenger carried for hire against physical
injuries and other types of harm .... The
special relationship between a common
carrier of passenger and its hire comes from
the fact that the passengers are entrusting
themselves to the cruise ship company's
protection and care .... A cruise ship
corporations [sic] has a duty of safe
transport. 30
Under the new EU rules, the claim for damages per
incident and per victim is limited to 250,000 Special Drawing
Rights ("SDR"), 31 which is equivalent to 351,862.50 USD. 32
This sum may seem small given that it is the maximum
amount that can be claimed in the event of the death of a
passenger, until it is contrasted with the current legal
standard in the United States.
The Death on the High Seas Act ("DOHSA") is
significantly more restrictive than the new EU rules. 33 While
DOHSA gives claimants a right to action in U.S. courts
regarding "the death of a person ... caused by wrongful act,
30 Ehline Law Firm P.C., Cruise Ship Strict Liability Law (Nov. 10, 2011),
http://cruiseshipaccident.ehlinelaw.com/stricthability/ (citations
omitted).
31 The current value of an SDR can be checked at
http:/ / www.imf.org/ external/ np/fin/ data/rms_sdrv.aspx.
32 See Int'l Monetary Fund,
http://www.imf.org/external/np/fin/data/rms_sdrv.aspx (last visited
Aug. 27, 2015) (allowing one to calculate the current value of an SDR).
33 46 U.S.C. §§ 30302-30308 et seq.