Miami Personal Injury Lawyer - Property Owner's Liability (Slip & Fall) - Latest Comments

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

Jason Goitia — Thu, 23 Jul 2009 12:04:40 GMT

I wonder if an insurance policy would cover most claims, and if so, it's affected at all by the forum selection clause.

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

Harvard Law — Thu, 23 Jul 2009 10:25:52 GMT

Great Article!!!!

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

TFR — Wed, 22 Jul 2009 16:35:23 GMT

I agree with SD and CRC.

A forum selection clause in a contract drafted by two corporations and their team of attorneys is one thing, but instances like the ones that Gabrielle describes are completely different. The last thing on a vacationers mind when they book any sort of hotel or room on a cruise or hotel is "what court am I going to be able to sue in if the company im staying with does something wrong and I am hurt."

Believe me, these corporations know it. It is a shame that many of our Courts today do not recognized the unequal position of the vacationer v. the multi-billion dollar corporation.

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

CRC — Wed, 22 Jul 2009 16:23:41 GMT

Gabrielle D'Alemberte,

Great article. I hope you continue writing on consumer rights, and methods business's use to avoid deserved liability.

Another side of home court advantage is the fact that large corporations have planned, prepared, and put together a strategy to defend a suit based on the customer's injury before you even board the boat. It is imperative that an injured customer contact a competent and skilled attorney like Gabriel as soon as possible.

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

SD — Wed, 22 Jul 2009 16:13:03 GMT

Being on both ends of the spectrum: the hotel front desk employee and the now the law student; it is important to note that most of these resorts have a prepaid policy. In these situations, although I generally worked within "the home court of the United States," a front desk employee would think twice before telling someone who has flown several hundred miles, and fulfilled this contractual obligation by prepaying to stay at your hotel, that they must sign an additional agreement if they wish to stay. I would advice those traveling to cross out this language, or not sign. It's unfortunate for the guests that are unaware of the advantage of being in the home court. With all of the deals the Caribbean hotels and cruise lines have been offering lately, attempting to reach a less affluent, and potentially less educated market, this is definitely information these travelers need to be aware about.

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

Gabrielle D'Alemberte — Wed, 22 Jul 2009 12:51:10 GMT

Jane- you are exactly right! The clerks usually do not pay attention- and in fact often even when asked they can't explain the clause or its meaning themselves. I do recommend crossing it out and initialing. Even if a clerk notices it, and says you cannot, I would. If the hotel says you will not be able to stay at the resort/hotel unless the guest registration forum selection clause is signed, try to get that in writing- or at least get the person’s name who said so- and THEN sign (because that would amount to coercion or duress and hopefully invalidate the "contract").

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

TFR — Wed, 22 Jul 2009 10:56:47 GMT

While I believe that forum selection clauses are Constitutional, there is nothing constitutional about using forum selection to lure unsuspecting cruise ship passengers into Courts that do not have a right to a jury trial.

Cross out those forum selection clauses before you turn in your ticket. If the cruise ship company does not agree, kindly inform them that you would be happy to take your business (present and future) elsewhere.

Never, ever, under any circumstance whatsoever should you be afraid to demand the rights that each and every Amendment of the U.S. Constitution provides to you.

A comment on Traveling this summer outside of the US? Be careful what you sign when you check in.

Jane Akre — Tue, 21 Jul 2009 22:14:17 GMT

This is really important information.

I wonder if you cross through the language you don't like and initial it, assuming the check-in clerk doesn't notice, you are doing yourself a huge favor possibly down the road?