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Cruise Ship Injuries

Cruise ships are becoming an increasingly popular means of vacationing for many Americans. Cruise ship combination sea-land-air "Cruise-Tour" packages for travel in the Caribbean, the Mediterranean, Mexican, and Alaska waters are also becoming increasingly common. With the increase in this form of travel, there has been an increase in the number of injuries. Although headlines are devoted to catastrophic incidents, there are an increasing number of travelers who sustain injuries during the course of otherwise "normal" travel. Those who are injured may find themselves confronted with a thicket of legal hurdles which may prevent them from receiving any relief for the harm.

There can be no substitute for advice from a qualified lawyer, but some generalizations can be made on how injured travelers may protect their legal rights and remedies:

1. 
   Read the Cruise Ticket as well as any associated documents such as a "Contract of Carriage." In addition to an "Itinerary for Travel," Cruise ship passengers are often issued not only a Cruise Ticket, which sets forth the terms and conditions of travel, they may also be issued a separate "Contract of Motorcar, Carriage, and Transportation Contract." In determining what rights are available to an injured person, all of these documents may be used and enforced against the passenger. These contracts may also make reference to treaties that must be consulted.
2. Be aware of the time limits for the filing of a claim. Many cruise tickets contain language which strictly limits the time available for the filing of a claim, and the time within which a lawsuit must be filed. The limits can be quite brief, and have been used by the cruise ship owners and their insurance carriers to deny relief to the injured. These arbitrary time limits are routinely upheld by the courts to bar an otherwise valid claim. If it is your intent to investigate the filing of a claim, any delay in seeking legal advice could result in a loss of your right to bring a claim.
3. Be aware of the fact that most tickets contain what is known as a forum selection clause, which specifies the courts and geographic locations in which lawsuits can be filed. For example, a Louisiana resident injured on a Holland America cruise in Jamaica, will be restricted to filing a claim in the federal court for the Western District of Washington in Seattle, Washington. Other cruise ship owners may specify Miami, or New York as the exclusive place where a lawsuit can be filed. These forum selection clauses are routinely enforced by courts. Although specific application to a given case requires legal advice, passengers should be aware of this proviso which may be buried in one or more places on the ticket or elsewhere in the documents of travel.
4. Passengers must be prepared to fully document their claim. If an injury occurs, it should promptly be reported to appropriate personnel on the ship, and as soon as practicably possible, and to the cruise ship operator or owner. 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 with the cruise ship owners. If your injury involves a particular condition on board the ship, you should take photographs of the condition, if possible. Depending on the circumstances, the completion of an "accident report," or some such form, may not necessarily be the equivalent of the filing of a claim. Injured passengers should consult with an experienced personal injury lawyer on these issues.
5. Injured passengers 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, "investigators," and medical personnel may, or may not, be helpful in proving a claim, but there is no substitute for eyewitness statements of fellow passengers. Although cruise ship owners have been known to produce the names and addresses of passengers, this is may not always happen. Regardless, the injured should always obtain and preserve the current names and addresses of eyewitnesses. Passengers should also 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 of the injured person, and any claim forms pertaining to their injury.
6. Obtain the advice of qualified legal counsel. Not every harm requires the assistance of a lawyer, but any claim involving death or significant injury would normally benefit from the advice from a lawyer who has experience in this area of the law. Cruise ship injuries, or injuries during the course of a cruise-tour, regardless of whether the injury occurs at sea, traveling to and from shore, on land, or in the air, can present many complex issues involving maritime law, product liability, and contract law, and an early consultation is strongly suggested. Passengers can expect that cruise ship operators and their insurance carriers will aggressively investigate and defend any claims brought against them. The injured would be well advised to retain a lawyer to represent their own interests.

Cruise ship passages, or cruise-tours are a fun and exciting way to travel. Nobody wants a vacation to be marred by injury. However, acts of incompetence and negligence do occur, and when death, disability, or injury does occur, passengers should be fully prepared to protect their own interests. Our lawyers regularly handle claims against cruise line companies and have the experience necessary to obtain a successful outcome. We offer a free initial consultation with no obligation.