Personal Injury Law

Holland America's One Year "Statute of Limitations" Upheld

By Michael Myers

I've made frequent reference in this blog to Holland America's requirement that injured passengers must (1) make written claims within six months and (2) file suit within one year of their injuries. The one year "statute of limitations" was recently upheld in a Ninth Circuit decision entitled Oltman v. Holland America Line, Inc.

There may be exceptions to the rigid time limitations imposed by Holland America for claims brought on behalf of children or adults requiring guardians, but--like with so many things in life--it's better to be safe than sorry.

The Oltman case also confirmed that all suits for personal injury or wrongful death must be filed in the federal district court for the Western District of Washington (in Seattle). While there is some argument that claims such as loss of consortium may not be subject to requirements imposed by the Holland America ticket, there is no reason to put these claims at jeopardy by filing elsewhere.

Full post as published by Seattle Personal Injury Lawyer on November 08, 2008 (boomark / email).