Can You Sue a Cruise Ship for Falls Injuries?

If you have an injury, you have a cruise lawyer! Let’s discuss your rights as a Passenger and the steps to take after an accident during a cruise voyage.

What happens when that dream turns into a nightmare due to an unexpected accident because you get seriously injured on the ship of on an excursion set up by the cruise line? You might be wondering, “Can I sue a cruise ship for falls or injuries?” The short answer is yes, you can bring a claim and possibly sue the cruise line, but the process can be complex due to general maritime laws, international laws, and the nature of personal injury claims at sea.

As a Miami cruise ship injury lawyer focusing on getting compensation for injured passengers and crew members, we break down the key steps, rights, and legal options available for passengers who have suffered injuries on a cruise ship. Every case is different. We’ll explain various scenarios, including the most common accidents from falls, slips, and other cruise incidents to give you an idea of how things work when you get injured on a cruise and what to expect if you decide to pursue a claim.

Understanding Cruise Ship Liability

Cruise lines owe a duty of reasonable care to their passengers, which means they must take reasonable steps to operate the cruise in a safe manner. This is a duty it owes to all passengers on board. This is not to say the Cruise line is the guarantor of passenger safety, but they cannot be negligent, careless or reckless. This duty of reasonable care includes maintaining the ship, ensuring that walkways and common areas are safe, and providing adequate warnings about potential hazards. When a cruise line fails to meet this duty, it may be considered to have breached that duty of care owed to the passenger (negligent), opening the door for legal action.

Common cruise ship accidents include:

  • Slips and falls: Wet decks, uneven surfaces, and poorly marked hazards are leading causes of slips and falls aboard cruise ships.
  • Injuries from faulty equipment: Broken railings, malfunctioning elevators, or defective pool equipment can cause significant injuries.
  • Sexual Assault: Crew members have been know to assault passengers for which the cruise line can be held strictly liable. Also the cruise line may have provided inadequate security or created a dangerous atmosphere allowing for a sexual assault by a passenger on another passenger.
  • Tender Accidents: Transferring passengers from ship to tender, or tender to pier comes with risks. Boat movement, weather, wind, rough seas, negligent captains and crew, slippery boat decks and gangways, can all lead to serious injury
  • Private Island Injuries: Some of the cruise lines own their own islands where they take passengers to sunbath, snorkel, explore and hike such as Castaway Cay and Disney Lookout Cay at Lighthouse Point (Disney), CocoCay (RCCL), Half Moon Cay (Holland America Line & Carnival share), Great Stirrup Cay (NCL), Harvest Caye (NCL),Ocean Cay MSC Marine Reserve, Princess Cays (Carnival), Labadee (Celebrity), and Celebration Key (Carnival)
  • Accidents during shore excursions: Cruise lines may also be liable for injuries sustained during off-ship excursions if they arranged or endorsed the activity. Think of busses, vans or trams on cruise line owned islands crashing, snorkeling boats capsizing, and zip lining collisions.
  • Medical Malpractice: The medical staff on cruise ships are typically not licensed and trained in America and their equipment is limited and old. Misdiagnosis and failures to treat or evacuate or medevac sick passengers can lead to worse injuries or even death.
  • Gangway Accidents: Falls repeatedly happen on ramps and gangways. Slip and falls on metal gangways with worn out anti-skid tap or loose railings and trip and falls on un-level steps or poorly placed carpets and rain mats are dangerous conditions.
  • Slippery Stairs: Falls on interior or exterior stairs happen all of the time. Stairs outside are exposed to the elements, spills, sea spray, condensation, spills, wet people and clothing. Interior stairs may be made of plexiglass, metal, and painted metal all of which get slippery, especially when wet or being cleaned with chemicals or soap. Carpeted stairs can get worn and slippery or sagging and loose leading to falls with severe injuries.
  • FlowRider Injuries: Surfing on this manmade wave comes with the risk of falling down hard and breaking bones and tearing ligaments.
  • Scuba Accidents: Scuba and snorkeling accidents can occur while in the water or being transported.
Caution sign indicating slippery surface on cruise ship deck, emphasizing safety concerns related to falls and injuries at sea.

Can I sue a cruise ship for falls or injuries?

Can I Sue a Cruise Ship for Falls or Injuries?

Yes, you can file a lawsuit against a cruise line for falls or injuries that occur on the ship or even possibly and excursions arranged by the ship. The law requires cruise injury lawyers to be familiar a unique area of law called maritime law. Unlike land-based accidents, cruise ship injury claims must be handled within the parameters of general or even international maritime regulations, making the legal journey more complicated than a typical personal injury case.

Maritime law, sometimes called admiralty law often governs these nautical based claims, which means you’ll need a personal injury lawyer experienced in this area to guide you. Typically, these lawsuits fall under the Jones Act if it involves an injured crew member or general maritime law if an injured passenger. General maritime law would apply even if the passenger was injured in international waters as long as the cruise touched a US port at some point during the voyage. Passengers injured aboard cruise ships that never touch a US port on the voyage will be subject to different international laws such as the Athens Convention.

Steps to Take After a Cruise Ship Accident

  1. Report the Incident Immediately: As soon as you experience a fall or injury, report it to the cruise ship’s staff. Filing an accident report creates a written record of the incident, which will be crucial if you pursue legal action. Be careful when you fill out a report not to blame yourself. The cruise line forms often ask this question.
  2. Seek Medical Attention: Cruise ships often have medical facilities on board, but you may need to seek care off the ship if your injury is severe. Document all medical treatments you receive, as this will serve as evidence in your case.
  3. Document the Scene: Take photos and videos of where the accident occurred, including any hazards (e.g., wet floors, broken railings, wet floor signs place out after) that may have contributed to your fall or injury or the liability in any way. Also take photos of your injuries and gather contact information from witnesses who may come testify on your behalf in the future.
  4. Consult a Cruise Ship Personal Injury Lawyer: Given the complexity of maritime law, you’ll want to consult a lawyer experienced in cruise ship accidents. Miami is the hotbed of cruise lawyers and litigation. A maritime cruise lawyer can help you determine whether negligence played a role in your injury and what steps to take next.

Filing a Cruise Ship Accident Lawsuit

When filing a lawsuit for a cruise ship injury, timing is critical. Most cruise lines include clauses in their ticket contracts that limit the amount of time you have to file a claim—usually within one year of the accident. Additionally, you may be required to file your lawsuit in a specific jurisdiction, such as Miami, Florida, which is home to many cruise lines’ headquarters and Perkins Personal Injury Lawyers.

What is cruise ship negligence?It is a failure to operate or maintain the ship in reasonably safe manner or to adequately warn passengers of potential hazards. The cruise line is liable if its actions, or lack thereof, that directly led to your injury.

Types of compensation allowed for cruise injuries: Past and future medical expenses, past lost wages and future earning capacity, out of pocket expenses, and pain and suffering.These damages vary depending on the applicable law, whether a US port was involved, and the location of the incident that led to injury.

Real-Life Example: A Passenger’s Slip and Fall Incident

Perkins Personal Injury Lawyers has handled numerous passenger slip and falls on the lido deck. We had a client who slipped and fell on a wet deck while walking through the pool area. Despite multiple warnings from passengers and prior falls due to the slippery floor surface from wet clothes and sun screen, the cruise line failed to address the issue. The crew did not keep the area dry nor put warning signs out. The passenger suffered a leg injury and was able to successfully sue the cruise line for negligence, securing significant compensation for medical bills, and pain and suffering.

What Should You Expect During a Cruise Ship Lawsuit?

Pursuing a lawsuit against a cruise line can seem confusing and daunting. Don’t be afraid. Maritime law is our practice area and we do it well. It is a specialized field, and cruise lines often employ skilled legal teams to defend against claims. However, with the right facts, evidence and legal representation, you can hold the cruise line accountable for its negligence in many scenarios for hundreds of thousands of dollars if not millions in catastrophic cases. Based in Miami, Perkins Law Offices has the know-how and wherewithal to take aggressive action against the cruise lines for all type of cruise accident. Speak with a Miami cruise accident lawyer today who has been rated among the best cruise ship injury lawyers in a Miami.

FAQs

1. Who is responsible for reporting a cruise ship accident?
In most cases, it’s the injured passenger’s responsibility to report the accident immediately to the cruise ship’s staff. This creates an official record of the incident and can help support your claim if you decide to file a lawsuit.

2. How long do I have to file a cruise ship injury claim?
Most cruise lines require passengers to file a claim within one year of the accident. Additionally, there is a 180 or 185 day notice letter requirement sometimes called a bill of particulars that must also be given. The cruise tickets involving US ports mostly mandate that the claim/lawsuit be filed in a specific jurisdiction, such as Miami, FL.

3. What should I do if I am injured on a shore excursion?
If you are injured during an excursion organized by the cruise line, you may still be able to file a lawsuit against the cruise company as well as the tour operator. It is best to document the incident while still on the tour, save your excursion booking information and call Alex Perkins Miami cruise injury lawyer for legal advice to explore your options.

4. Can I sue for emotional distress after a cruise ship accident?
Yes, in some cases, you can receive compensation for emotional distress if you sustain a physical injury or impact on a cruise voyage. Most maritime laws do required the emotional distress to accompany an actual physical injury.

5. What type of compensation can I receive from a cruise ship injury lawsuit?
You can get money only. That is all you can ask for in a civil action for personal injury. The amount compensation will depend on the nature of the injury, the liability picture as to how hard it is to prove, and whether the cruise touched a US port. A cruise ship injury lawsuit may cover medical expenses, lost wages, pain and suffering, scarring, disfigurement, inconvenience, lost capacity for the enjoyment of life. An experienced cruise ship accident lawyer can help you determine the value of your claim. Call Miami cruise lawyer Alex Perkins the best cruise ship injury lawyer for your case is only a call or email away.

Alex Perkins gives free advice on your legal rights following a cruise ship injury, along with practical advice on filing a claim. If you’ve experienced an accident on a cruise ship and believe the cruise line is at fault, don’t hesitate to contact a great cruise ship accident lawyer for help navigating the complexities of maritime law.

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Can I sue a cruise ship for falls or injuries?

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