A cruise ship injury can turn a dream vacation into a nightmare. If you’ve suffered one such injury, a cruise ship injury lawyer can help you pursue damages.
Every year, numerous travelers suffer injuries on cruise ships. Because these incidents often occur in international waters or foreign ports, it can be difficult to figure out how to file a claim.
Since 2003, John Foy & Associates has recovered over $1 billion for injured victims like you. A cruise ship excursion injury lawyer from our team can handle your case and help you fight for the compensation you deserve.
Common Types of Cruise Ship Injuries
A variety of injuries can occur on a cruise ship. Some of the most common ones include:
- Slip and fall accidents on wet decks or poorly maintained walkways
- Food poisoning from contaminated meals or beverages
- Swimming pool accidents including drowning or near-drowning incidents
- Shore excursion injuries during activities like snorkeling, zip-lining, or bus tours
- Recreational activity injuries from onboard facilities like climbing walls or water slides
- Assault or battery by crew members or other passengers
- Medical malpractice by onboard medical staff
- Tender boat accidents while transferring between the ship and shore
These injuries can result in broken bones, traumatic brain injuries, spinal cord damage, severe lacerations, and even wrongful death. The severity of these injuries can be compounded by delayed or inadequate medical care, which is common on cruise ships.
What Should I Do if I Get Injured on a Cruise Ship?
If you sustain an injury during a cruise ship excursion, there are certain steps you should take to protect your rights. Those steps include:
- Seek immediate medical attention from the ship’s medical staff. Even if your injury seems minor, documentation of your condition is essential.
- Report the incident to the cruise line’s security officer and request a written incident report. Make sure to get a copy for your records.
- Document everything about the accident by:
- Taking photographs of the scene and your injuries
- Getting witnesses’ contact information
- Keeping all medical reports and receipts
- Noting the names of crew members involved in your care or incident response
- Avoid signing documents presented by the cruise line, as they may contain waivers of liability or rights.
- Contact a cruise ship excursion injury attorney who can begin building a case and defending your rights.
Can You Sue a Cruise Line for Injury?
Yes, you can sue a cruise line for injuries sustained during your trip, but these cases involve unique legal complexities. Cruise lines operate under specific maritime laws and often include provisions in their passenger ticket contracts that limit their liability.
Key factors that will affect your ability to sue include:
- Passenger ticket contract terms, which may specify the venue and timeline for legal action
- Maritime law considerations which differ from standard personal injury law
- Foreign jurisdiction issues if the injury occurred in international waters or a foreign port
- Waivers of liability you may have signed before participating in certain activities
That said, cruise lines have a duty to provide reasonable care for their passengers. When they fail to meet this obligation, they can be held legally responsible for injuries.
What is the Statute of Limitations for Cruise Ship Injuries?
The statute of limitations for cruise ship injuries is typically much shorter than for standard personal injury cases. While state laws usually allow 2-3 years to file personal injury claims, cruise lines often impose a one-year limitation period for filing lawsuits.
Additionally, most cruise lines require passengers to provide written notice of their claim within six months of the injury.
The specific timeline facing you can vary based on:
- The cruise line company
- The location where the injury occurred
- Whether the incident involved a shore excursion organized by a third party
- The type of claim being filed (personal injury, wrongful death, etc.)
Missing these deadlines can permanently bar you from seeking compensation. For this reason, it’s critical to consult a personal injury lawyer as soon as possible after your injury.
How Do You Prove Liability in a Cruise Ship Accident?
To prove liability in a cruise ship accident, you must demonstrate:
- Duty of Care: The cruise line had a responsibility to ensure your safety.
- Breach of Duty: The cruise line failed to uphold its duty by allowing unsafe conditions. They can do this by:
- Failing to maintain safe conditions on the ship
- Enforcing inadequate security measures
- Hiring unqualified staff
- Failing to warn about known hazards
- Selecting unreliable excursion operators
- Causation: The breach directly caused your injury.
- Damages: You suffered actual harm, such as pain and suffering, medical expenses, and/or lost wages.
Liability may extend beyond the cruise line itself to include tour operators, excursion companies, and/or equipment manufacturers, depending on the circumstances of your injury.
What Types of Damages Can You Recover for a Cruise Ship Injury?
If your cruise ship injury claim is successful, you may be entitled to several types of compensation.
Economic Damages:
- Medical expenses (both current and future)
- Lost wages and loss of earning capacity
- Rehabilitation costs
- Travel expenses related to medical treatment
- Costs for canceled travel plans or an interrupted vacation
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on marital relationship)
In rare cases involving extreme negligence or misconduct, punitive damages may be available too.
How Much Compensation Can You Receive for a Cruise Ship Injury?
The amount of compensation you can receive for a cruise ship injury will depend on the severity of the injury, your medical expenses, your lost income, your pain and suffering, whether you were partially at fault for the incident, and the jurisdiction where it occurred.
Minor injuries might settle for a few thousand dollars, while serious cases involving permanent disability or wrongful death can result in settlements worth millions.
An experienced cruise ship accident attorney can provide a more precise estimate.
How Can a Cruise Ship Accident Lawyer Help You?
An experienced cruise ship accident lawyer can:
- Evaluate your claim’s strength
- Handle communication with the cruise line’s legal team
- Gather evidence to prove liability
- Negotiate a fair settlement
- Represent you in court (if necessary)
Having legal representation will ensure you’re not taken advantage of during the claims process.
Contact a Cruise Ship Excursion Injury Lawyer Today
If you’ve suffered an injury during a cruise ship excursion, time is of the essence. The longer you wait to take action, the more time the cruise line will have to work to minimize your claim.
A cruise ship excursion injury attorney from John Foy & Associates can help you file a claim and fight for the damages you deserve. Schedule a free consultation today to begin pursuing the money you’re owed.
