Trial attorney Michael
Eriksen has recovered tens of millions of dollars in damages
for victims of travel and transportation-related injuries and
deaths. For the protection of former clients, Mr. Eriksen does
not publicly disclose names, facts, or amounts of damages associated
with individual cases.
However, one high profile travel-related case successfully handled
by Mr. Eriksen is a matter of public record. Nadeau
v. Carnival Cruise Lines, et al.
is a landmark appellate case in Florida establishing the liability
of a cruise line for sexual assault or other intentional misconduct
committed by a crewmember against a passenger.
In Nadeau, the court held that a cruise line, as a maritime
common carrier of passengers, is absolutely vicariously liable
for any crewmember’s intentional misconduct toward a passenger
during a cruise, regardless of whether the misconduct is a crime
and/or outside the scope of employment. This is much broader
liability than that of most non-maritime employers, whose liability
may turn on whether the employee’s wrongful act was foreseeable
by the employer and/or was within the scope of employment.
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