Cruise Line Accidents and Injuries

As the spring and summer months draw near, thousands of Americans will head southeast for luxury cruise vacations throughout the region. Recent “cruise news” has not all been positive, as accounts of engine failure, personal injuries to guests, norovirus outbreaks, and other dangers have been brought to the nation’s attention. While accidents do occur at sea, the litigation surrounding them can be quite complex, even for experienced injury lawyers.

If you intend to bring legal action against a cruise line, you will have a time-limit – generally about six months – and litigation will be confined to a specific state. All cruise contracts include “forum selection clauses” which direct filed lawsuits against cruise lines to specific locations; Miami is, of course, an excellent example. Many passengers may be unaware of these clauses, but they are there – albeit buried in multi-page contracts – and were officially upheld by the U.S. Supreme Court in 1991 (Carnival Cruise Lines, Inc., v. Shute, 499 U.S. 585).

The Court ruled that, because cruise lines serve passengers globally, the burden of litigation against cruise lines “in every possible court” is far greater than the burden on individual passengers who chose to go on cruises and signed contracts to do so. As such, all passengers are encouraged to carefully review their contracts and understand all of their implications, as well as remember that even if incidents result in lawsuits, litigation in a court close to home may be unlikely.

Although six months is the most common time-frame in which to file suit against a cruise line, this may vary depending on the particular line and is usually specified in the contracts which passengers must sign. Any claims against the cruise line which are filed beyond this time-limit are ineligible, so it is imperative to speak with a personal injury attorney as soon as possible to ensure you have a viable claim.

If you were a victim of a crime on foreign soil following (or during) a cruise trip, notify your ship and, if necessary, the U.S. Embassy as soon as possible and work with the local authorities to the best of your ability. If you go on a tour in a foreign country, it is recommended to choose one which is booked directly through your cruise. Injuries do occur on occasion during these excursions, and, amidst a foreign legal system, an injured passenger’s legal standing may certainly be limited, especially if he/she was on an independent tour. Concerning injuries on tours/excursions which were sanctioned directly by the cruise line, most companies attempt to avoid liability via waivers; however, injured passengers will certainly confirm the identities of the tour operators and to what entity a lawsuit may be directed, which often ends up being the cruise line itself.

All cruise ships, whether they are in international waters or foreign ports, are subject to shore-based negligence law, and ships departing from U.S. ports are also protected by federal maritime law. They indeed have a duty of care to their passengers, which is generally defined as “reasonable care under the circumstances.” This means that reasonable care should be the same as onshore, but while acknowledging the clear-cut differences between maritime travel and being onshore.

Finally, all passengers should remember that the doctor onboard the ship is not an employee of the cruise line, but rather an independent contractor; therefore, the cruise line may not be the target of legal action regarding medical malpractice. This legal action would instead be directed toward the doctor as an individual under the laws of his/her jurisdiction, which is often foreign.

If you or a loved one has been injured on a cruise line, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorney’s fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.