A Federal Court in Miami has rejected a cruise line’s assertion of a damage limitation from the Athens Convention as a defense to an allegation of rape by a passenger.  The case pends, but the order in the case of Farraway v. Oceania Cruises, Inc. can be downloaded here.

Procedurally, the cruise line sought to amend its original Answer and assert a defense that the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, limited the assault victim’s damages to 46.666 Special Drawing Rights or $65,000.  The Convention did have an intentional or reckless acts exclusion which made the cruise line’s proposed amendment of the Answer “futile” because the defense would be inapplicable.

The order doesn’t denote whether the only counts asserted against the cruise line were intentional or reckless, but based on the ruling, it appears that those were the only ones asserted.

Hat tip to Cruise Law News for the case.