Royal Caribbean Loses Bid for Lawsuit Protection

By Carol Kennedy

Published on November 04, 2005

Royal Caribbean Cruises Ltd. has lost an appeal for protection from a lawsuit involving an assault by one of their crewmembers.  

The appeal was made in a dispute concerning a passenger who claimed, while in Bermuda, a ship waiter raped her. The woman, identified as Jane Doe, alleged that she and some of her friends met the waiter, Baris Aydin, at a nightclub in Bermuda and, when she took a walk in the park with Aydin, he raped her. Aydin denied the claims saying that they had consensual sex. The woman was awarded $1 million.

Cruise line representatives argued that strict liability laws -- laws that make cruise companies responsible for employee misconduct, regardless of fault - are outdated and more rigid than rules governing hotels and casinos. The plaintiffs argued that strict liability standards are appropriate because of the inherent trust placed in the passenger-carrier relationship.

The Court of Appeals upheld the jury award, identifying to two Supreme Court cases that imposed strict liability laws on ships and railroads.

Royal Caribbean is the world's second largest cruise operator.

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