Injured on a Norwegian Cruise Ship? What to Do After a Fall, Cut, or Broken HipInjured on a Norwegian Cruise Ship? What to Do After a Fall, Cut, or Broken Hip

By Alex Perkins, Founding Attorney, Perkins Law Offices — representing injured Norwegian Cruise Line passengers nationwide.

Bumps, bruises and little cuts and scratches are not enough to justify a lawsuit against the cruise lines because it would be cost prohibitive. Maritime lawyers do not pursue claims for cruise discounts and reimbursements. There must be a serious injury with significant economic and non-economic damages.

A fall on a wet Lido deck, a deep and disfiguring laceration from falling objects or wall panels, a hip fracture on a slick staircase — these are not rare occurrences on a Norwegian Cruise Line vessel carrying several thousand passengers through rough seas, crowded pool decks, and narrow interior stairwells. If you were injured aboard an NCL ship, what you do in the hours and days that follow will directly determine whether you can later hold the cruise line accountable.  Unfortunately, sometimes it’s not about what actually happened, but what you can actually prove in a court of law with objective documents records, and photographic evidence. It’s often unfair for the injured person because the playing field is not level when it comes to access to necessary evidence needed to prove up a claim in court. The federal courts are very unforgiving to plaintiffs bringing a case if they do not come with proof before the case even starts. Lawsuits in federal court must assert certain facts and evidence at the pleading stage before discovery is even allowed that most injured passengers will not have access to. This is why you do not see prose litigant representing themselves in court cases against the cruise lines —because it is near impossible to do. It requires skilled lawyers who have experience with litigating against the cruise lines and have access to sometimes proprietary information that will allow the court case to move forward. Cruise ship injury lawyers are a special class of lawyer who will have the familiarity and experience necessary to navigate the rough waters of cruise ship injury cases under US general Maritime law.

Understanding NCL’s Legal Duty to Passengers

Norwegian Cruise Line, like every common carrier operating in U.S. waters, owes its passengers a duty of reasonable care under the circumstances. That standard was established by the U.S. Supreme Court in Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (1959), and it remains the controlling standard applied by federal courts in the Eleventh Circuit today, including in Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318 (11th Cir. 1989). This is not strict liability. NCL is not automatically responsible every time a passenger is hurt. The law requires proof of four elements: duty, breach, causation, and damages.

Duty

NCL must maintain a reasonably safe environment aboard the vessel, including dry walking surfaces, functioning handrails, adequately trained crew, and properly maintained equipment such as glass doors, deck furniture, and stairwell nosing. These are but a few examples of the types of mechanisms of injury on cruise ship ships. But you cannot just merely ledge. These are dangerous conditions. You have to be able to establish the condition at the time of the incident and how that condition was not reasonably safe per industry standards even then you have to then prove that it was because of that unreasonable danger, the client was injured.This is not always as clear-cut as it may seem. In order for the cruise line to have a duty as it pertains to a dangerous condition that they could be legally responsible for, the hardest element to prove in these cases is notice. In fact, most of the litigation about cruise ship injuries revolves around the notice issue and whether the cruise line knew or should’ve known of the dangerous condition. You would not believe the bad cases that are out there which the courts follow that say the cruise lines cannot be held to account because they had no duty because they had no notice of the danger even when it seems obvious that they should. Often times the cases are counterintuitive to common sense notions of fairness. For example, in a recent case we had against Carnival, the judge dismissed two vicarious liability from the 49 page 6 count Comolaint, which described the negligent crew members as towel hut, pool deck workers who were within 20 feet of the incident and failed to clean the water accumulation on the floor. The court said this is not a good enough description and that even though we do not have to identify them by name that was too general. This is obviously absurd because how could the plaintiff know the name of the crew member or the specific job description and duty of a particular employee without engaging in discovery first. In our responsive pleading, we included pictures of the two crew members who were negligently mopping and we figured that would be sufficient. Nonetheless, we will obtain more specifics during discovery and will love for leave to  amend to re-allege those counts with their specific identity. But really, how can they make it any harder for plaintiffs?

 

Breach

Breach means the cruise company breached their duty of care owed to the passenger to maintain the cruise and or the vessel in a reasonably safe manner.  Again, to establish that breach requires proof that NCL knew, or should have known through the exercise of reasonable care, of the dangerous condition that caused the injury. This “notice” requirement is the single most litigated issue in cruise ship injury cases and was reinforced by the Eleventh Circuit in Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012), and again in Sorrels v. NCL (Bahamas) Ltd., 796 F.3d 1275 (11th Cir. 2015), both of which examined what evidence is sufficient to establish that a cruise line had actual or constructive notice of a hazard, including prior similar incident reports and maintenance logs. The breach of the duty that was created by the fact that the cruise line was all notice is the second required element of a negligence action against the cruise line.

Causation and Damages

Causation and damages are the third and fourth elements of a negligence cause of action against a cruise line. You must show the breach directly caused your specific injury, and you must be able to document the extent of that injury through medical evidence. The damages have to be directly related to and caused by the breach of the duty. As part of that damage aspect, when discussing medical bills, the bills must be reasonable and related. This is a whole other area of litigation that can get very complicated very fast. Defendants have Been known to dispute actual medical bills incurred because they say the doctor charges are not reasonable necessary and related even though the plaintiff incurred them. This is a major problem in Florida, especially in state court. This is why prompt and thorough medical documentation matters as much as the liability evidence itself. Just because you report an injury to your doctors does not mean the doctor accurately writes down what you said as to how the injury occurred and nor does that mean objective findings on MRIs and x-rays, will standalone in support of your claim. For example, you may start having severe back pain after a fall. If your MRI report shows degenerative disc disease and your doctor says it’s  a chronic condition, it is very difficult to later establish that this was injury caused by the trauma of the incident. Degenerative disease is something that is a long-term or from wear and tear). The counter to that is having a helpful treating Doctor Who will opine the degenerative issue was not symptomatic before the accident. Therefore, we can argue and activation, or an aggravation of a pre-existing or late condition. Another example is if you have knee pain after a slipping fall on the pool deck. If you have years of prior complaints of knee pain in that same knee and the MRI shows degenerative chondromalacia, you will have a hard time proving the surgery you had after the fall was directly related to the fall itself and that it was due to a pre-existing medical problem. Your own records will be used against you. If necessary, we will retain experts in Miami, to assist with local testimony if we are moving closer to a trial. But we’d prefer to use your own treating physicians first. Sometimes it is difficult to get cooperation from doctors to participate in lawsuits. It is always better when a doctor who cares about the patient volunteers for conferences and deposition.

Common Injuries We See on Norwegian Cruise Ships

Our firm has represented passengers hurt in a wide range of NCL incidents. 1 million things can happen on a cruise ship. Some are similar to the things that happen on land some are unique to cruise ships.

Falls

Falls typically occur on wet pool decks, slick tile near buffet stations, beverage and ice machines, sinks, uneven gangway transitions, and exterior staircases where anti-slip tape or nosing has worn away or was never properly maintained. Falls are especially common near the Lido and pool deck areas, where suntan lotion, body oils, dirty mops, spilled drinks and tracked-in water create hazards that crew members are supposed to identify and address promptly. Time and time again we have seen a crew members walking around with mops, supposedly attempting to dry the wet Lido deck. However, they never clean them, mops, or squeeze them out to drain them or clean them.

Cuts and Lacerations

Little scratches and burns are not enough damage to justify the cost of a lawsuit. However, sometimes cuts and lacerations can be deep or long causing severe and permanent injury with scars and disfigurement. Sometimes plastic surgery, laser treatment and a lifetime of ointment are required. Cuts frequently result falling objects, malfunctioning doors and elevators, broken furniture, defective equipment, broken handrails, exposed sharp edges, or shattered glass. A laceration case turns heavily on whether the defect existed long enough that the crew reasonably should have discovered and corrected it before you were hurt. Or if it happens with such a regular occurrence that it could be said, the fuse line was on notice of the danger. When we are talking about lacerations, we’re not just talking about little scratches or cuts. They have to be severe scarring or disfigurement in order to be worthwhile to bring a claim or lawsuit.

Broken Hip

Hip fractures are among the most common serious injuries we litigate, disproportionately affecting older passengers and women who fall on slick decks, unstable gangways, or slippery stairs. A hip fracture often requires surgical repair, extended hospitalization, and months of rehabilitation, and it frequently results in a permanent reduction in mobility. Because of the severity and permanence of these injuries, they typically carry among the highest claim values in cruise ship litigation.

What to Do Immediately After Your Injury

  1. Seek medical attention on the ship right away. Describe every symptom to the ship’s medical staff, even ones that seem minor, and request copies of your treatment records before disembarking if possible.
  2. Report the incident to Guest Services or Security and request a written incident report. Provide a factual account of what happened. Do not speculate about fault, and do not sign any statement that includes language blaming yourself for the fall or incident.
  3. Photograph everything. The scene, the hazard itself (wet floor, broken glass, worn stair nosing), your injuries, and any visible signage or lack thereof. Conditions like a wet deck are transient and may be cleaned or altered within minutes of your fall.
  4. Identify and note any nearby CCTV cameras. Cruise ships are extensively monitored, and footage is one of the most important pieces of evidence in a slip-and-fall or laceration case — but it is routinely overwritten within a matter of days unless a preservation demand is sent.
  5. Collect witness contact information. Fellow passengers who saw the hazard or the fall may be difficult to locate once the cruise ends.
  6. Do not sign anything presented by the cruise line beyond the standard incident report, and do not accept an early settlement offer before understanding the full scope of your injury.
  7. Contact a maritime attorney as soon as possible, even while still aboard the ship if necessary, to ensure evidence preservation demands go out before footage and records are lost.

Deadlines That Will Bar Your Claim

Norwegian Cruise Line’s passenger ticket contract, like those of the other major cruise lines, imposes deadlines far shorter than the two-year personal injury statute of limitations most passengers assume applies. Written notice of your claim, detailing the particulars of the incident, is typically required within six months of the injury. A lawsuit must generally be filed within one year of the incident date. These provisions are enforceable under federal maritime law so long as they are fundamentally fair, meaning the forum was not selected to discourage legitimate claims, there was no fraud or overreaching, notice of the terms was adequate, and the passenger had a reasonable opportunity to reject the contract without penalty. Miss either deadline, and your claim will be dismissed regardless of how strong the underlying liability evidence is.

Where Your Case Will Be Filed

NCL’s ticket contract contains a forum selection clause requiring nearly all passenger injury lawsuits to be filed in the United States District Court for the Southern District of Florida in Miami. This applies whether you live in California, Texas, New York, Illinois, or anywhere else in the country. You do not lose your right to pursue a claim simply because you do not reside in Florida — our firm represents injured NCL passengers from all 50 states, and most of the case can be handled without requiring you to travel to Miami except for essential proceedings such as a deposition or trial. For international passengers who are not from the United States, the ticket contract for Norwegian does not allow for suit to be filed, but rather requires arbitration in Miami.

Evidence Preservation: Why Speed Matters

Cruise lines control the ship, the crew, and the evidence. My clients often say I don’t have pictures, but you can get the security footage from the cruise ship or that the security crew took photos and you could get it from them. However, it doesn’t work that way. The cruise line is not required to share that information until a lawsuit is filed, and even then they drag their feet and try to prevent disclosure.

CCTV footage cycles and is overwritten on a rolling basis. Maintenance logs documenting prior complaints about a hazard can be lost or, in some circumstances, destroyed. The Eleventh Circuit addressed the consequences of a cruise line’s failure to preserve relevant evidence in Guevara v. NCL (Bahamas) Ltd., 920 F.3d 710 (11th Cir. 2019), which examined spoliation and the sanctions available when a defendant fails to retain evidence it had a duty to preserve. A prompt preservation letter sent by your attorney is often the single most important early step in an NCL injury claim, because it creates a legal obligation for the cruise line to retain footage and records that would otherwise be gone within days.

The Perkins Law Offices Difference

Cruise ship litigation is not practiced by most general personal injury lawyers. It requires familiarity with the Eleventh Circuit’s body of maritime case law, federal admiralty procedure, and the specific notice and venue traps buried in every passenger ticket contract. Perkins Law Offices has litigated against Norwegian Cruise Line and the other major carriers for over 25 years, and our cases are handled on a contingency fee basis — you owe nothing unless we recover compensation on your behalf.

“I can’t speak highly enough of Perkins Law Offices. Mr. Perkins and his entire staff were so helpful during the most difficult time of my life. They fought for me and held my hand every step of the way, ensuring not only that my medical bills were paid but that I was fairly compensated for all of my pain and suffering.” — Ian Morrison, client

“Alex Perkins and his team were professional, responsive, and relentless in pursuing the compensation I deserved. I would recommend Perkins Law Offices to anyone injured through no fault of their own.” — Paul Jagielski, client

Cruise Lines We Litigate Against

While Norwegian Cruise Line is the focus of this article, our maritime injury practice is national in scope and covers claims against every major cruise operator sailing from U.S. ports. If you or a family member was injured aboard any of the following carriers, our firm can evaluate your claim:

  • Norwegian Cruise Line (NCL)
  • Carnival Cruise Line
  • Royal Caribbean International
  • Celebrity Cruises
  • Princess Cruises
  • MSC Cruises
  • Holland America Line
  • Disney Cruise Line
  • Margaritaville
  • Regent Seven Seas
  • Oceana
  • Viking
  • Cunard
  • Costa
  • Virgin

Each of these carriers maintains its own passenger ticket contract with distinct venue, notice, and choice-of-law provisions. A claim against Holland America, for example, may be governed by a different federal venue than a claim against NCL, and MSC claims can involve additional jurisdictional complexity due to the carrier’s international corporate structure. Knowing which rules apply to your specific carrier from the outset is essential to protecting your claim.

Frequently Asked Questions

Can I sue Norwegian Cruise Line for a fall on the ship?

You can sue Norwegian Cruise Line if you can show it owed you a duty of reasonable care, breached that duty by allowing a dangerous condition to exist that it knew or should have known about, and that the breach caused your injury. A single unexplained fall is not automatically NCL’s fault; the case turns on notice, maintenance records, and prior incident history.

How long do I have to file a claim after being injured on a Norwegian cruise ship?

Most NCL passenger ticket contracts require written notice of a claim within six months of the incident and require any lawsuit to be filed within one year of the injury. These deadlines are strictly enforced by federal courts and are far shorter than the standard personal injury statute of limitations in most states.

Where do I file a lawsuit against Norwegian Cruise Line?

NCL’s passenger ticket contract contains a forum selection clause requiring nearly all passenger injury lawsuits to be filed in the United States District Court for the Southern District of Florida in Miami, regardless of where the passenger lives or where the injury occurred.

Do I need a lawyer if I broke my hip on a Norwegian cruise ship?

Yes. We recently Settled a case for eight times the amount that the cruise line offered our client before we got involved. There are too many specialized issues for even the smartest non-lawyer to handle a case on their own. A hip fracture often requires surgery, extended rehabilitation, and results in permanent mobility limitations, particularly in older passengers. Because maritime claims involve short notice deadlines, jurisdictional restrictions, and a duty standard that differs from ordinary premises liability law, passengers with fracture injuries benefit from retaining a maritime-focused attorney rather than a general personal injury lawyer.

What if I live outside Florida but was hurt on a Norwegian cruise?

You do not need to reside in Florida to bring a claim. Perkins Law Offices represents injured passengers from across the United States. Because the ticket contract’s forum selection clause typically requires suit in Miami federal court, your case will likely be litigated there even though you may never need to travel for most of the proceedings.

What compensation can I recover for a cruise ship injury?

Recoverable damages typically include past and future medical expenses, lost wages and diminished earning capacity, and pain and suffering, which in Florida includes mental anguish, loss of capacity for enjoyment of life, and permanent disability or disfigurement. The value of a claim depends on the severity of the injury, the strength of the liability evidence, and whether the injury caused permanent impairment.

Contact Perkins Law Offices Today

If you or a loved one was injured aboard a Norwegian cruise ship — whether from a fall, a laceration, or a fracture such as a broken hip — the steps you take now, and the deadlines you meet, will determine whether you can recover the compensation you are owed. Consultations are free, and our firm handles NCL injury claims on a contingency fee basis: you pay nothing unless we win.

Call or text Perkins Law Offices at (305) 741-5297, or email perkins@perkinslawoffices.com for a free, confidential case evaluation. Our firm is licensed to practice in Florida, Illinois, and Washington, D.C., and admitted to the United States District Court for the Southern District of Florida.

The information on this page is for general informational purposes only and does not constitute legal advice for any individual case or situation. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.