Cruise ship injury lawsuits are very complex. They typically fall under maritime and admiralty law, and your case could fall under the jurisdiction of another country. The cruise ship injuries you usually hear about in the news affect large numbers of passengers at a time. More common are injuries to individuals which do not affect the rest of the passengers.
Cruise Ship Injuries
Cruise ship incidents and injuries which may give rise to a lawsuit include:
- Slip and fall
- Medical malpractice
- Food poisoning
- Physical or sexual assault by a passenger or crew member
- Falls due to sudden maneuvers
- Passengers thrown overboard in rough waters or due to sudden maneuvers
- Failure to provide timely search and rescue when a passenger is thrown overboard
- Struck by falling objects
- Pirate attacks
- Fire
- Collision
- Injuries and attacks at ports of call during activities which are included in the cruise
- Serious illness spread throughout the ship
- Passenger disappearance
Basic Duties
The unique circumstances in your case will determine exactly which laws apply. In general cruise lines have a duty to provide a safe environment for passengers. General requirements include:
- Ship must be mechanically and structurally sound
- It must have proper safety devices
- The ship should be maintained to minimize slip and fall risk and the risk of falling objects
- Crew members must be properly screened before hiring
- Adequate number of crew
- Competent crew
- Adequate protection from attacks by other passengers and by crew members
Defendants in Cruise Ship Injury Lawsuits
An experienced cruise ship injury attorney can help you determine who should be named as the defendant or defendants. This can include:
- Cruise line
- Travel agency
- Charterer
What To Do
Your passenger ticket usually states where you must file your lawsuit and may give a time limit for filing your suit. It may outline further restrictions which can apply to your lawsuit. By purchasing and using your ticket you agreed to comply with the terms. However, your attorney may be able to successfully challenge unreasonable limitations.
If you are injured on a cruise ship you should report your injury as soon as possible. Provide a written notice to the owner or operator of the ship and keep a copy for your records. Get the names and contact information for all witnesses. Take photographs of your injury, here it occurred, and anything that may show how and why it happened. Keep any and all paperwork you have pertaining to the cruise including brochures, receipts, and accident reports.