Cruise Ship Injuries

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Like injuries that occur on land, there are many ways a passenger can be injured while on a cruise ship. For example, a wet deck can create a dangerous condition on the ship that results in a slip and fall injury. The most common cruise ship injuries include:

• Slip & Falls Accidents
  • Broken bones
  • Injuries caused by fire
  • Injuries caused by improper maintenance
• Intentional Torts
  • Sexual assault by a cruise employee
  • Physical battery by a cruise employee
• Medical Malpractice
  • Some act by the cruise ship doctor or medical staff that causes injury
• Negligence
  • A passenger may contract food poisoning
  • A passenger may be assaulted by another passenger

Other claims against a cruise line include actions for wrongful death, passenger disappearance, negligent security, and other injuries that occurred on board or while participating on a cruise.

What Law Applies?

There are special laws that apply just to cruise ships. Special maritime or admiralty laws and rules may apply because the injury occurred at sea or in coastal waters. Without proper legal advice, cruise ship injury liability may be difficult to establish. Lawyers and attorneys from other states often refer their clients who were injured on vacation aboard a cruise ship to law firms that specialize in maritime and admiralty law. Further, almost every cruise line vessel is registered in a foreign country and flies a foreign flag. The law of the country of registration of the vessel could potentially apply to events on the ship and could potentially be more favorable to the claimant than United States law.

Statute of Limitations - Timing Is Everything

Though statute of limitations for various lawsuits vary state by state, often the statute of limitations, or the amount of time you can legally bring suit against a cruise line, is short - sometimes being only one year from the date of the injury. This is true even though an injured victim may still be receiving treatment more than a year after the accident. The normal statute of limitations for admiralty and maritime matters is three years. However, cruise lines often insert special provisions into their passenger tickets that shorten the time in which a passenger may file a law suit against the cruise line to one year. Also cruise lines can designate, within their passenger tickets, the only location where they can be sued. This is referred to as a forum selection clause. Most of the major cruise lines are based in Miami, Florida and designate Miami, Florida as the location where they must be sued.

What to Do If You Receive an Injury

It is important that you document your claim if you are injured on a cruise ship. Any injury should be promptly reported to the appropriate personnel on the ship, and as soon as practicably possible, to the cruise ship operator or owner, and, if appropriate, to the travel agent which issued the tickets. Prompt written notice while on board, or as soon as possible after the injury, can assist in preserving any legal remedy. Passengers should keep copies of all accident reports, claim letters, and any correspondence to the cruise ship owners.

An injured passenger should be prepared to prove the facts of their claim by the use of eyewitness statements from fellow passengers who know the details of the injury. The ship's crew and medical personnel may, or may not, be helpful in proving a claim. The best evidence is eyewitness statements of fellow passengers. An injured passenger should always obtain and preserve the current names and addresses of eyewitnesses. It is also important that an injured passenger keep complete documentation of pre-cruise promotional brochures and promotional material, special requests, ticket vouchers, accident reports, photographs of the injury scene taken by eyewitnesses or friends, and any claim forms pertaining to the injury.

An injured passenger can expect that cruise ship operators and their insurance carriers will aggressively investigate and defend any claims brought against them. An injured passenger would be well advised to retain a lawyer who specializes in maritime and admiralty law to protect their interests.