The Eleventh Circuit Court of Appeal’s recent decision in Johnson v. Royal Caribbean Cruises Ltd., invalidating releases for activities on cruise ships, which was participated in by Leesfield & Partners‘ Robert Peltz as amicus curiae on behalf of the Florida Admiralty Trial Lawyers Association, is an important decision protecting the rights of cruise ship passengers, who are injured as a result of the negligence of cruise ships and their crew.
Although RCCL centers much of its advertising around the FlowRider and other similar activities on its ships, it requires passengers to sign releases discharging it from all liability in participating in these activities, even for the negligence of its ship and crew. In Johnson, RCCL convinced District Court Judge Moreno to throw out Ms. Johnson’s case based upon the release, which she was required to execute. As a result, she never had the opportunity to have her case heard on its merits.