Tour boat operator attempted to prevent injured passengers from successfully making claims by inserting terms into the passenger ticket. The text upon the back of the ticket of passage tried to reduce to one year the period in which a passenger could file suit for personal injury damage, instead of the three years set by federal maritime law statute, 46 U.S.C., section 30106 (See, Butler v. Am. Trawler Co., 887 F.2d 20 (1st Cir. 1989)(Hon. Stephen G. Breyer.) The font was in 5-point, in red color, crowding 21 lines, 2619 characters (with spaces) to form 424 words printed upon paper measuring five inches (5”) long and one and three-quarters inch (1.75”) wide. The vessel operator brought a motion for summary judgment to defeat Berschler Associates, PC’s client on statute of limitation grounds.

Berschler Associates, PC persuaded the Court that the format made all the terms unenforceable due to the Lilliputian-sized typography, such not giving reasonable notice of terms to the passenger, which is the maritime standard applicable in both state and federal courts. (See, Lisi v. Alitalia-Linee Aeree Italiane, 253 F. Supp. 237, 243 (S.D.N.Y. 1966). The motion was denied.

For more information, call Berschler Associates, PC to discuss. 



This entry has been created for information and planning purposes.

It is not intended to be, nor should it be substituted for, legal

advice, which turns on specific facts.