A Boston maritime lawyer can be the difference between a case heard in a U.S. court and one buried under fine print overseas.
That’s exactly what was at stake in a ferry accident case Latti Associates LLC fought and won — keeping a badly injured passenger’s claim in American court despite a liability waiver hidden in his ticket.
In 2009, local news channel WMTW-TV covered the concern city leaders in Portland, Maine, had when Bay Ferries Ltd. announced it was canceling its ferry service between Bar Harbor, Portland, and Yarmouth, Nova Scotia.
That same year, one of our clients suffered devastating injuries aboard THE CAT — a 319-foot catamaran capable of carrying more than 800 passengers and 200 vehicles. Bay Ferries stopped operating THE CAT in October 2009 and sold it to a Chinese corporation in 2011.
How the Ferry Accident Happened
In February 2009, Nicole Green booked a ferry service called THE CAT for her family’s trip to celebrate her father’s 60th birthday. She received a confirmation email, but it did not include any terms or conditions.
On August 14, 2009, Kenneth and Nancy Metcalf drove their family to Portland to board the ferry. Just before getting on, Kenneth picked up tickets at the drive-through box office along with a folder. This folder included the names of each passenger, Canadian customs forms, ads, and a list of terms and conditions for the trip.
However, the folder did not mention that it contained terms or conditions.
After crossing the Gulf of Maine, Kenneth fell while using the stairs from the passenger deck to the lower vehicle deck. He injured his cervical spine and was taken to Yarmouth Regional Hospital. Later, he moved to Queen Elizabeth Hospital in Halifax for more treatment.
After six days in care in Canada, he was airlifted to Massachusetts for ongoing care. He fractured several cervical vertebrae and became an incomplete tetraplegic, classified as C5–C7.
This left him mostly in a wheelchair, unable to travel beyond Boston, and needing about 60 hours of personal care each week.
Why the Case Almost Couldn’t Be Heard in the U.S.
THE CAT operated entirely in Canadian and American waters but was registered in the Bahamas.
The Metcalfs filed suit in Canada in June 2010 — only to learn it would take at least 24 more months to set a trial date and 30 months to reach a final judgment. Worse, Canadian law would have capped any recovery at roughly $264,000, far short of the medical expenses the family had already absorbed.
How Our Boston Maritime Lawyers Won
Bay Ferries argued in a Massachusetts court that the Metcalfs could not sue in the U.S. because of a forum selection clause.
Latti Associates LLC successfully challenged this claim.
We showed that the Metcalfs only received the terms and conditions right before boarding.
Our Boston maritime lawyer also proved that Bay Ferries actively sought business in Massachusetts through internet ads on the Boston Globe’s website, TV advertisements in the Boston area, placements in AAA regional publications and the Worcester Telegram & Gazette, as well as appearances at Nova Scotia Tourism Tradeshows in 1999, 2002, and 2006, with the last two featuring THE CAT itself.
The court agreed with our arguments. It found that “both the First and Second Circuits have found that maritime forum selection clauses are unenforceable as a matter of law when passengers receive the full terms and conditions of passage only minutes before boarding a vessel.”
The court also recognized the significant challenges the Metcalfs would face if they had to litigate in Canada, dismissed Bay Ferries’ argument, and concluded that “all of the cases upon which it relies can be distinguished from this dispute” and “none of those fact patterns is replicated here.”
Why This Decision Matters for Ferry and Cruise Passengers
This case is an important example of the tactics smaller companies may use to dodge liability after ferry accidents.
Cruise lines often rely on the same playbook — liability waivers and forum selection clauses tucked into tickets — to discourage injured passengers from taking legal action after cruise ship injuries.
If you or a loved one was hurt on any waterborne vessel, it’s in your best interest to discuss your options with our experienced Boston maritime attorney.
For more than 60 years, Latti Associates LLC has represented maritime accident victims and fought for injured passengers. Our results include a $920,172 verdict for a passenger who suffered torn cartilage aboard a ferry.
If you or a loved one was injured at sea, call our Boston maritime trial lawyers at (617) 523-1000 for a free consultation, or complete the form on this page to have us review your case.