The plaintiff was a passenger on a cruise ship owned/operated by Silversea Cruises Ltd (Inc) (Silversea) on a cruise originating in New Orleans, Louisiana and terminating in Fort Lauderdale, Florida. He claimed damages for personal injury as a result of inhalation of a mixture of chlorine gas and muriatic acid during cleaning operations aboard the ship. Silversea moved for summary judgment limiting the plaintiff’s claim pursuant to the limitation of liability provisions of the Athens Convention 1974, which were incorporated into the ticket/contract of passage.

Held: Motion denied. The limitation of liability provisions of the Athens Convention 1974 are void and contrary to public policy, for passenger voyages between or calling at ports in the U.S., pursuant to 46 U.S.C § 183c (now codified at 46 USC § 30509).