A New Wave – Eleventh Circuit Rejects "Barbetta Rule," Opts For Cruise Line Liability

What happens if a passenger gets sick on a cruise ship and the treating physician, employed by the cruise line, is negligent in caring for the passenger? Is the cruise line liable?

Under the well-established "Barbetta rule" set forth by the Fifth Circuit Court of Appeals in Barbetta v. S/S Bermuda Star, 848 F.2d 1364, 1372 (5th Cir. 1988), the answer is no. General maritime law does not impute liability to carriers or ship owners, under the doctrine of respondeat superior, for the negligent acts of a ship's doctors in treating passengers. The Barbetta court found that a ship is not a floating hospital, as "[a] shipping company is not in the business of providing medical services to passengers . . . ." Id. at 1369 (quoting Amdur v. Zim Israel Navigation Co., 310 F. Supp. 1033, 1042 (S.D.N.Y. 1969)). Essentially, passengers seeking medical attention from physicians on board a cruise line do so at their own risk, leaving them with no claim against the cruise line in