Liabilities arising out of the carriage of us passengers

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Personal injury claims in the United States of America generally attract damage awards considerably higher than those handed down by the Canadian courts. In order to maintain insurance premiums for Canadian operators at reasonable levels it is essential that Members protect themselves from exposure to claims made in the US courts to the maximum possible degree. Carefully worded passenger ticket conditions incorporating Canadian law, the Athens Convention and requiring litigation to be conducted exclusively in the Canadian courts, are essential in achieving this. Members should also bear in mind that direct marketing to American citizens (through various media such as brochures, e-mail, newspapers, radio stations and television), particularly in the States of California, Oregon and Washington, can expose Canadians to US jurisdiction. Similarly, appointing a marketing agent in the United States can also render Canadians subject to US jurisdiction.