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Full text: Carrier liability for damages incurred by ship passengers

2015 
Carrier Liability 
201 
neglect, or default occurring on the high seas beyond a 
marine league from the shore of any State, or the District of 
Columbia, or the Territories or dependencies of the United 
States," 34 the claim is limited to "a fair and just 
compensation for the pecuniary loss sustained by the 
persons for whose benefit the suit is brought." 35 By limiting 
the claim to the pecuniary loss, the carrier will often only 
have to pay funeral costs, travel expenses for relatives, and 
similar expenses that result from the death of the victim. 
In contrast, under the PLR, carriers are not only liable 
up to 250,000 SDR, the PLR goes beyond the PAL 2002 by 
requiring advance payments in cases of death or bodily 
injury to cover immediate expenses. 36 Where the death of a 
passenger results, this advance payment must amount to at 
least 21,000 EUR. 37 While the PAL 2002 and the PLR require 
carriers to maintain adequate war and non-war insurances to 
cover passenger claims 38 (which is a challenge in itself given 
the limit of 250,000 SDR per person involved in an incident 
and the large number of passengers on board major cruise 
ships), the necessary insurance cost can easily amount to one 
billion SDR per ship, often approaching or even exceeding 
the material value of luxurious cruise ships. 39 The PLR's 
34 46 U.S.C. §§ 30302. 
35 46 U.S.C. §§ 30303. 
36 PLR at art. 6, para. 1. 
37 Id. 
38 PLR at Annex I, art. 4bis; PAL 2002 at art. 5. 
39 Jim Walker, "Titanic Dreams" - Royal Caribbean Wins “Worst Cruise Line 
in the World" Award, Jim Walker's Cruise Law News (Nov. 3, 2009), 
http:/ / www.cruiselawnews.com / 2009/11/ articles / worst-cruise-line-in- 
the-world/titanic-dreams-royal-caribbean-wins-worst-cruise-line-in-the- 
world-award/ (Top of the line cruise vessels, like the Oasis of the Seas or 
the Allure of the Seas, are estimated to cost 1.5 billion USD.).
	        
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