Cruise Ship Accident Lawyers: The Complete Guide to Cruise Ship Injury Cases
If you found our site, odds are you or someone you know were injured on a cruise ship. Perhaps you are considering contacting a cruise ship injury lawyer to understand your legal rights and options. If so, here are a few things you should know about us:
If we sound like a good fit for your case, let’s talk. If you’re not ready to talk to us yet, we understand. Keep reading for more information about cruise ship accidents and injuries, and then let us know if you have questions.
In this guide to cruise ship injuries, we’ll give you information on these topics:
After you’ve read all about cruise ship injuries, you can decide if you’d like to proceed with a case. We’re willing to give you an honest legal opinion on your options when you contact our cruise ship injury lawyers for a free consultation.
Common Dangers on a Florida Cruise Ship
A cruise ship is supposed to be a getaway to fun and relaxation. While that is often true, most cruises have several incidents or accidents that cause harm to the passengers. These accidents can turn a vacation into a nightmares for an unsuspecting guest. Common dangers on cruise ships include these problems:
When a passenger is injured due to the cruise ship’s negligence, the cruise line must take responsibility for compensating the passenger for the damages it caused. Cruise ship passengers who have been injured on a cruise should contact an experienced cruise ship attorney for legal advice.
Types of Cruise Ship Injury Claims
Passengers may experience wide-ranging injuries on cruise ships due to unsafe conditions. Here are some common cruise ship injury claims.
Food related illnesses
The food offered by a cruise line is often one of the bigger draws to passengers. However, food can become contaminated and it is not uncommon for passengers to develop food-related illnesses. One of the bigger risks on a cruise line is the extensive use of buffets, which can provide a way for norovirus, E. coli, salmonella, and other viruses to cause widespread illness. From 2008 to 2010, over 100,000 people were affected by acute gastrointestinal illnesses on cruise ships. With norovirus, if one passenger is infected from food, that passenger can infect many others through contact. Widespread food-related illnesses can overrun the ship’s medical staff and cause significant health problems amongst the ship’s passenger and crew.
Mechanical Problems
A cruise ship is essentially a floating city built on thousands of complex mechanical devices. Mechanical problems or breakdowns can cause cruise ship accidents and delays that leave passengers stranded for days at sea. When major ship systems fail, the passengers may experience delays, overheating, and lack of sanitation. Cruise ship’s owe a duty to its passengers to maintain the ship’s mechanical systems in good working order to provide an enjoyable cruise. A passenger that is inconvenienced due to breakdowns of ship systems loses the benefit of the cruise that was purchased and should be compensated.
Slip and Fall Hazards
For most people, a cruise ship is a very different environment. Although a cruise ship is typically stable, the surroundings are unfamiliar and dangers can arise without warning. Sudden movements can cause instability for passengers simply trying to get around. Poorly maintained walkways can suddenly become a serious risk of bodily injury. Corrosion, water, and other risks common with sea travel combine to create a dangerous environment for certain passengers.
Other slip and fall hazards include inadequate dim lighting, slippery walkways from sea spray or drink spills, and loose floorboards. Some slip and fall accidents are the result of poorly designed walkways or using materials that lack the traction needed for high volumes of passengers. Cruise ships have a legal duty to protect passengers from unsafe walkways and other hidden dangers. A cruise ship lawyer can make the ship pay if you’ve suffered an injury due to a slip and fall.
Assaults
Most cruise line’s are generally available to the public. The combination of alcohol consumption and aggressive personalities lead to assaults and fights that may leave a passenger injured.
Another disturbing reality is that some passengers become the victims of sexual assault, including rape. Sexual assault is the most common crime committed on cruise ships. In fact, almost 100 passengers reported being sexually assaulted on cruise ships in 2018 alone.
A cruise ship has an affirmative duty to prevent assaults of all kinds on their cruise ships. The reality is cruise ship’s typically profit from alcohol consumption, gabling, and creating a party atmosphere. A cruise ship is responsible for providing adequate security to ensure that things do not get out of hand. When a cruise ship fails to provide safety measures to prevent crime, a cruise ship injury lawyer can help.
Medical Malpractice
Cruise ship’s provide medical personnel to care for injured or sick passengers. Ship medical staff are in some ways similar to an urgent care center because they are outfitted to provide common injuries and illnesses. However, sometimes it is difficult for ship medical staff to provide adequate emergency of life threatening care medical professionals may not provide adequate care. Still, the cruise ship is legally required to provide adequate care under the circumstances and to render care in a professional manner. This may include promptly evacuating passengers who have sustained severe injuries. A cruise ship that fails to provide adequate medical treatment may be sued for negligence.
Unsafe Shore Excursions
Most cruise lines offer passengers the opportunity to visit a port-of-call or go on an excursion. When a port-of-call may have known dangers – such as violence, theft, or assault – the cruise line must diligently warn its passengers.
One of the more common causes of catastrophic marine injuries are accidents that occur while passengers are enjoying personal recreational devices or other water-based activities such as diving or boating. When a passenger engages in a more dangerous excursion, the ship is obligated to provide adequate training and warnings to ensure the passenger is aware of the risks of the activity. Passengers who are injured during an excursion should consult a cruise ship injury lawyer to understand their legal rights.
What to Do After a Cruise Ship Injury
You may feel particularly vulnerable if you’re injured on a cruise ship. After all, you may be thousands of miles from home with no easy way to seek emergency medical care. If you’re injured on a cruise ship, take steps to hold the ship’s owners responsible.
Get Medical Help
Of course, if you suffer a serious injury, your first priority should be to get medical help. If you are in a state of mind to note witness names and contact numbers or take photos, do so. However, if your injuries require immediate attention, seek medical help first. Make sure to keep copies of all medical records related to your injury.
Report Your Injury
Immediately report your injury to ship personnel. You should file an accident report. This report will serve as a record of your injury and notify the ship crew about the unsafe condition. By reporting your injury, you could save others from suffering similar harm. Be sure to complete all required paperwork and make sure that crew members transfer injury forms to their supervisor. Taking these steps helps document the conditions surrounding your personal injury claim.
Document Accident Conditions
Compile evidence that you can use against the negligent cruise ship. This means obtaining names and numbers of witnesses to the accident, taking photos of the scene, and filing accident paperwork. Documentation of your injuries also includes all medical paperwork or purchases (such as medicine or crutches) related to your injury.
Hire a Cruise Ship Lawyer
Cruise ships, owned by huge corporations, are backed by powerful corporate lawyers. You need someone on your side who will explain maritime law to you and advocate for your rights. A cruise ship attorney can help you in this intimidating process.
The statute of limitations for filing a lawsuit against a cruise ship is often six months. This means that you have to act fast when filing a lawsuit against a cruise ship. A cruise ship attorney can help you complete required paperwork and get your lawsuit filed on time.
Proving Fault (Liability) for a Cruise Ship Injury
If you sue a cruise ship for an injury sustained on board, you have to prove the cruise ship was negligent. This means that the cruise ship’s action or inaction was responsible for your injury. You have to show the following elements of negligence for a successful personal injury case:
Cruise ships have a duty to provide a safe environment for guests, and harm onboard usually comes through unintentional negligence. For instance, a cruise ship pool might be too shallow for diving. However, the cruise ship may fail to put up a sign warning guests not to dive. If a guest sustains a neck injury while diving in the unmarked shallow pool, the cruise ship may be considered negligent.
However, a cruise line is not always negligent when you suffer harm. If a worker is a contractor, not an employee, the cruise line might not be responsible for the worker’s actions. Similarly, the cruise line may not be liable for harm suffered on shore excursions. The limitations on cruise ship liability spelled out in the contract you signed may impact a finding of negligence. Look on your cruise contract for the following details:
Even if you signed a waiver freeing the cruise ship from liability, a knowledgeable cruise ship lawyer may be able to help. Determining negligence varies by case, so it’s important to consult an experienced cruise ship attorney.
What Laws Apply to Cruise Ship Injuries?
Laws governing cruise ship cases seem complex because injuries often occur on international waters or when the ship is docked in foreign nations. However, cruise ships owe their guests a duty of safe transportation.
An injured passenger may sue many different entities associated with a cruise ship. For instance, a passenger may sue the ship owner, the charter company, the operating company, or the ticket sales company. Each of these entities might fall under different legal authorities.
Cruise ships may be registered under the flag of a foreign nation. That nation imposes safety inspection requirements on the ship.
Laws that Apply to Ships in US Ports
In addition to national laws where a ship is registered, passengers may be able to sue under US law. If a cruise departs from a US port, state law, US federal law, and international treaties may apply. Here are other laws that may apply to ships departing from a US port.
A ship’s duty of care includes the duty to search for a missing person. Upon receiving a report of a missing person, the ship must make a reasonable effort to search and rescue. If a search does not find the missing person, the ship must return to the location where the person was last seen.
Limitations on Suing Cruise Lines
When you purchase your ticket, it normally references “terms and conditions” that posted on the cruise line’s website or incorporated in fine print. The ticket contract will often state that the passenger is agreeing to all terms and conditions even if the passenger is not aware that they exist. An injured passenger must abide by the cruise line’s terms and conditions. The cruise ship ticket will typically contain three important requirements for bringing a claim against the cruise line: (1) notice of injury; (2) filing suit within one year; and (3) forum selection clause – filing suit in the court required in the terms and conditions.
Notice of Injury Requirement
The ticket’s terms and conditions will often state that you must notify the cruise line of your injury or claim within six months of the date of injury. The terms and conditions will typically state that failure to provide notice of injury within this time period may prevent you from recovering money from the cruise line. The cruise lines argue that a shortened notice requirement is necessary to allow it an opportunity to investigate claims soon after an accident occurred. Courts are sometimes reluctant to enforce a strict notice requirement and you should consult with an attorney if you are concerned that the notice requirement was not met. Importantly, a cruise line often has notice that an accident or injury occurred while the person is on the ship.
One Year Suit Requirement
The tickets terms and conditions will typically require that any law suit be filed within one-year of the date of injury. The statute of limitations for maritime personal injury cases is normally three years. However, federal law allows a cruise line to shorten by contract the time to file suit to one-year. Some courts have enforced the one-year period to file suit. However, even if you believe your injury occurred more than one year ago, you should speak with a maritime attorney to understand your options because the time limitation to sue may not be enforceable.
Forum Selection Clause
Most cruise line companies will require an injured passenger to file a lawsuit in a specific court – normally where the cruise line’s headquarters are located. These contractual provisions are called forum selection clauses and are typically enforceable by courts.
By far, Miami, Florida is the most common location that injured passengers are required to file a lawsuit in. This is because a large number of cruise lines are based in South Florida.
An injured passenger may wonder if being required to file suit in a different state would harm his or her case. From our experience, most cruise line injury cases result in a reasonable settlement or favorable jury verdict. Indeed, we have helped passengers all over the United States recover money owed to them due to a cruise line injury.
Types of Compensation Available in Cruise Ship Injury Cases
Passengers injured due to cruise ships’ negligence should receive payment for the harm they suffered. This compensation comes in the form of economic and non-economic damages.
Economic Damages
Economic damages include medical costs and lost wages. For passengers injured on cruise ships, additional costs, such as emergency medical travel, might apply. Any concretely calculated expenses related to your injury fall in this category.
Non-Economic Damages
Non-economic damages are more abstract to calculate. These emotional damages resulting from your injury include things like pain and suffering and loss of companionship. For instance, if you developed a fear of heights due to a fall on a cruise ship, this might be non-economic damage.
Jones Act Maintenance and Cure
Injured cruise ship employees may be able to sue their employer under the Jones Act. This law specifies that injured employees are entitled to maintenance and cure, or living expenses and medical care. The employer must provide maintenance and cure until the employee ceases medical treatment or returns to work.
Consult a Florida Cruise Ship Injury Attorney
If you suffered an injury on a cruise ship, you need legal advice. Our experienced cruise ship attorneys will face off with the biggest cruise companies to fight for you. We’ll help you identify the cruise ship’s negligence and get you the compensation you deserve.
Contact us today for a free consultation. We’ll review your case and explain the law that applies to your cruise ship injury. If we take your case, you’ll owe us nothing until we win. We’ll fight to get you a maximum settlement or jury award. If you’re ready to make a cruise line pay for its harm to you, call our florida cruise ship attorneys today.