What Happens If You Are Injured Aboard A Cruise Ship
Brian O Sutter
Personal Injury
One of the best things about living in Florida is the easy access to cruise ships. Cruise ships are a great option for vacations because they are typically all-inclusive and you get to check out many different places in one trip. However, a lot can happen out at sea, including accidents and injuries. In most cases if you are injured on a cruise ship, the cruise line company is responsible for your injury. However, cruise ship liability is complicated, so it is important you seek legal counsel to get fair compensation for your injuries. Common Injuries On A Cruise Ship
Pretty much any type of injury can occur on a cruise ship. However, cruise ships provide unique risks that you will not necessarily encounter in other places. It is important before boarding a ship you understand these risks, so you can exercise caution so you are not injured. Some common injuries that occur on cruise ships are:
- Slipping on a wet deck and falling
- Slipping by the pool and falling
- Falling down the stairs because of slippery steps or a lack of proper handrails
- Tripping over the dividers between thresholds
- Assault by a crew member or another passenger
- Food poisoning
- Toxic exposure from lack of proper ventilation
- Injuries from bad weather or a crash
If you experience any of the injuries, the cruise ship company may be liable and required to pay damages.
Liability For Cruise Ship Injuries
As with most personal injury cases, you have to prove that you experienced the injury as a result of negligence from the cruise ship company. You have to prove that your injury was a result of a lack of proper warning, insufficient maintenance of the ship, or an intentional act. Unfortunately, there can be some issues with liability. For example, if you are injured on shore, even in a guided tour, the cruise line may not be liable. Also cruise ship tickets are considered a legal contract and may include a liability waiver where you are agreeing to release them from liability for certain injuries; a forum selection agreement where you are agreeing to litigate any claim in a specific state; or a notice requirement where you agree to a certain time frame to filing a claim against them. So though cruise ships are liable for your injuries, there are some complications to proving that liability.
How To File A Claim Against A Cruise Ship
If you need to file a claim against a cruise ship, you have to act immediately. Most claims against cruise ships have a narrow statute of limitations, so it is better to file as soon as you receive the injury or at the first sign of your symptoms. Then you will need to collect all documentation required to prove your injury such as medical records and any proof of negligence on the part of the cruise ship. Next, you need to hire a qualified attorney to represent you. Since there are issues with proving liability, specifically with accepting a legal contract with the cruise line through your ticket, you will need someone who understands the law. Finally, you need to file the claim in the right location, which is usually found in the “terms and conditions” when you purchase the ticket. If you file in the wrong jurisdiction, then your case will be automatically dismissed. A good attorney will help ensure you are filing in the correct place.
Hiring a qualified attorney is very important in the case of a cruise ship injury. There are complex laws surrounding liability and it can be very difficult to prove negligence. A good attorney, like our professionals at All Injuries Law Firm can help. With 30 years of experience, representing people in all types of personal injury claims, we can help you understand how to file a claim against a cruise company, prove liability, and negotiate a fair settlement for your injuries. So if you’ve been injured on a cruise ship, call us today for a free consultation to see how we can help you.