Sue the Cruise Line If You Get Sick from Food Poisoning
Cruise Ship Food Poisoning and Allergic Reactions
Cruise ships operate as floating cities, and must feed thousands of people several times a day. There are buffets, grab and go’s, fine dining, pizza bars, ice cream shops, etc. But when food safety protocols are neglected and passengers suffer illness, particularly from food poisoning or allergic reactions, the consequences can be serious—and potentially legally actionable if injury is bad enough to require hospitalizations or surgeries. At Perkins Law Offices, we represent clients who’ve been harmed by cruise line negligence, including foodborne illness on cruise ships. If you’re wondering, Can I sue the cruise line if I get sick from food poisoning? the answer depends on several critical legal factors and how much damage was caused by the illness.
This article outlines your rights, what steps you must take, and how a skilled cruise ship injury lawyer like Alex Perkins can help you build a strong claim.
Understanding Food Poisoning Claims on Cruise Ships
Illnesses caused by contaminated food aboard cruise ships are unfortunately not rare. Outbreaks of gastroenteritis, norovirus, salmonella, and E. coli have affected tens of thousands of passengers over the years. These conditions are not just uncomfortable—they can lead to hospitalization, long-term medical complications, or even life-threatening situations or death. But proving these cases is not easy. It’s difficult to pinpoint a source of an illness unless there is an outbreak or some other direct way to show where the infection came from. Passengers also may eat or drink off ship when in a port of call, which means the cruise ship may not be the culprit.
Common Sources of Cruise Ship Food Contamination
According to CDC data, common sources of foodborne illness on cruise ships include:
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Undercooked or improperly stored meats
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Cross-contamination in kitchen areas
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Inadequate food handling by crew members
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Poor refrigeration standards
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Buffet-style service with minimal oversight
These failures in cruise ship food safety aren’t just unfortunate accidents—they may rise to the level of cruise line negligence if they breach the duty of care owed to passengers.
Can I sue the cruise line if I get sick from food poisoning?
When Can You Sue a Cruise Line for Food Poisoning?
To successfully sue a cruise line for food poisoning, certain legal elements must be met:
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Duty of Care: Cruise lines have a duty to provide safe food and sanitary conditions to all passengers.
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Breach: A failure to properly prepare, store, or serve food that leads to illness may constitute a breach.
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Causation: You must prove a direct link between the food you consumed and the illness you suffered.
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Damages: Medical expenses, pain and suffering, lost wages, and other losses must be demonstrable.
While these claims fall under personal injury and maritime law, most cruise tickets also contain contractual clauses that limit how and where you can file a lawsuit. For example, many require lawsuits to be filed in Miami, Florida, within one year of the incident.
Legal Hurdles and Evidence Requirements
Bringing a cruise ship illness lawsuit is not as simple as showing you felt sick after a meal. There is a lot more to it. Since all lawsuits involving a personal injury on a cruise ship that touches a US port must be filed in federal court, the case must have significant value to justify the cost of federal litigation. This means a serious injury, not just a night throwing up or having diarrhea.
Proving Causation and Negligence
One of the biggest legal challenges in a cruise ship sickness claim is proving causation. Your attorney will need to gather and present evidence, such as:
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Medical records diagnosing a food borne illness from a particular food item
- Outbreak ship wide
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Lab results identifying the bacteria or virus and matching it to the food
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Witness statements from other affected passengers
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Inspection or violation reports from health authorities like the CDC
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Surveillance footage or internal records from the ship’s kitchen
A single case of vomiting may not be sufficient, but if multiple passengers report similar symptoms and timelines, it may indicate a cruise ship foodborne outbreak, strengthening your legal claim.
The Role of a Cruise Ship Food Poisoning Attorney
You may be wondering whether it’s worth consulting a lawyer. The answer is yes—especially with something as complex as a cruise ship legal claim. At Perkins Law Offices, we are seasoned in handling cases involving cruise passenger food illness, medical negligence, and cruise ship personal injury.
What We Do
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Preserve and obtain key evidence before it’s lost or destroyed
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Interpret cruise contract limitations and fine print
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Consult medical and public health experts to validate your claim
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File within the required jurisdiction and deadlines
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Negotiate aggressively for full compensation, including for long-term health effects
We’ve handled cases involving both individual sickness and mass food poisoning events aboard ships departing from Florida ports.
Allergic Reaction
If you had an allergic reaction from food on a cruise ship after you specifically advised the cruise line, waiter or maitre ‘d about the foo allergy, you may have a valid claim. A recent claim investigated by Perkins Law Offices involved a woman who was severely allergic to mushrooms. Despite having specifically filled out paperwork before the cruise to inform them of her food allergy, and telling both the waiter and maitre ‘d about it, she was served mushrooms in her meal. She became violently ill and went into anaphylactic shock. She then spent the rest of the cruise in the infirmary and had to be hospitalized for few days once she was home. Since the cruise line was on notice of her allergy, and the reaction cause big damages in the form of hospitalization and medical bills, she had a viable claim against the cruise line for negligence.
How to Protect Your Rights After Getting Sick on a Cruise
If you’ve become ill during or after a cruise, take these steps immediately to protect your legal rights:
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Seek Medical Attention Onboard and Ashore
Ensure your illness is officially documented by both the ship’s medical team and your own doctor after disembarkation. -
Preserve Evidence
Save receipts, take photos of the food, record your symptoms, and get contact info from other sick passengers. -
Report the Incident
File a formal complaint with the cruise line, and request a copy for your records. -
Contact a Cruise Ship Injury Lawyer Immediately
You may only have one year to file your claim, and jurisdictional issues often require that you sue in Miami, FL.
Counterarguments and Cruise Line Defenses
Cruise lines often attempt to deflect responsibility by:
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Blaming a “pre-existing condition”
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Citing “acts of God” or unrelated viral outbreaks
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Arguing that the illness occurred off the ship during a shore excursion
These defenses are often weak, particularly when illness appears in clusters and medical evidence points to cruise ship contaminated food as the source. An experienced cruise ship food poisoning attorney can dismantle these arguments with proper documentation and expert testimony.
Why Choose Perkins Law Offices
Founded in Miami, Perkins Law Offices has built a reputation for aggressive, skilled representation of injured cruise passengers. We understand the intricacies of maritime law, and we know how to challenge even the most complex cruise ship food poisoning claims.
Attorney Alex Perkins has personally handled high-profile cases against major cruise lines, recovering millions on behalf of injured clients. When your health has been compromised by unsafe food on what was supposed to be a relaxing vacation, we’re here to fight for you.
Frequently Asked Questions (FAQs)
Q: Can I sue the cruise line if I get sick from food poisoning during an excursion or port visit?
A: Possibly. If the excursion was organized or endorsed by the cruise line, and the food was served under their supervision, they may still bear liability.
Q: How long do I have to file a lawsuit against a cruise line for food poisoning?
A: Most cruise lines include a one-year statute of limitations and require that lawsuits be filed in Miami, Florida, regardless of your departure port.
Q: What if the ship’s medical staff misdiagnosed my illness?
A: That could form the basis of a cruise ship medical negligence claim in addition to your food poisoning case.
Q: Are cruise lines required to report food poisoning outbreaks?
A: Yes. The CDC requires cruise lines to report outbreaks affecting more than 3% of passengers. You can view these reports on the CDC’s Vessel Sanitation Program (VSP) website.
Q: How much compensation can I receive for cruise ship food poisoning?
A: Compensation varies by case but may include medical costs, lost wages, pain and suffering, and emotional distress. Claims involving severe illness or hospitalization typically result in higher settlements.
Conclusion: You Deserve Accountability and Compensation
Food poisoning is not a minor inconvenience—it’s a breach of the cruise line’s duty to ensure safe and healthy conditions. If you’re asking, Can I sue the cruise line if I get sick from food poisoning?, know that legal pathways exist, and the clock may already be ticking. The sooner you act, the stronger your case can be.
Contact Perkins Law Offices in Miami today for a free case evaluation. We’re here to help you recover what you’ve lost—and to hold cruise lines accountable when their negligence causes you harm.
For immediate assistance, call Perkins Law Offices at (305) 741-5297 or fill out our contact form to speak directly with a cruise ship injury attorney.
