{"id":353437,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/cruise-ship-accidents-and-liability.html"},"modified":"2023-09-07T09:17:22","modified_gmt":"2023-09-07T14:17:22","slug":"cruise-ship-accidents-and-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/cruise-ship-accidents-and-liability.html","title":{"rendered":"Cruise Ship Accidents and Liability"},"content":{"rendered":"\n
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Cruise Ship Accidents and Liability<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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You have legal rights under personal injury laws that protect cruise ship injury victims. But you’ll need to understand cruise company liability, your booking contract, and other legal complications.<\/p>\n\n <\/div>\n\n\n\n

When people hear Royal Caribbean or Carnival Cruises, they think of a good time. You go on Princess Cruises or Holland America to get away from your problems. But even on vacation, sometimes bad things happen. Passengers might get hurt while on a cruise ship. Or, they may get hurt on a shore excursion.<\/p>\n

To add insult to injury, passengers might end up with big medical bills. Injured victims might wonder where they can turn to make them whole. The problem may need a more helpful solution than a customer service complaint to the cruise line company.<\/p>\n

Figuring out how to start a case can be overwhelming. This article provides an overview of how to pursue a legal claim after a cruise ship accident. A personal injury lawyer<\/a> can give you more detailed support.<\/p>\n

Where and When to File Your Claim<\/h2>\n

You probably signed an agreement before getting on the cruise ship. The agreement will have all kinds of legal jargon and complex clauses.<\/p>\n

A\u00a0forum-selection (or venue) clause<\/a> indicates the state in which a personal injury lawsuit may be filed. For example, it might specify Florida because many major cruise lines are headquartered in Miami. This is true for many cruise lines, even if their ships are registered elsewhere. Despite its obvious inconvenience to plaintiffs living in other parts of the country, most courts have upheld these clauses as reasonable.<\/p>\n

A notice-requirement clause requires the injured passenger to file a claim for damages within the period stated in the contract. Maritime law allows a relatively generous three-year statute of limitations for personal injury claims, but your state’s\u00a0laws might trump\u00a0that generous deadline. A notice requirement clause may shorten the window to 12 months for physical injuries, and even shorter (potentially just days after the incident) for non-physical injuries.<\/p>\n

This\u00a0goes to show that it’s a good idea to read the disclaimer on the back of your passenger ticket before boarding. As previously mentioned, you may have signed a separate contract prior to purchasing your cruise ticket. The ticket contract might contain additional disclaimers or limitations on cruise ship liability. For example, it may state that as a passenger on international waters, you may be\u00a0assuming risks<\/a> or accepting a\u00a0waiver of certain claims<\/a>\u00a0against the ship owner.<\/p>\n

Cruise Ship Accidents: Determining Negligence<\/h2>\n

In tort law, the area of the law concerned with civil wrongs that result in harm, wrongdoers can be liable under different theories. Their liability may arise from\u00a0intentional behavior<\/a>\u00a0or even carelessness (negligence<\/a>). A wrongdoer can also be subject to\u00a0strict liability<\/a>, meaning they’re responsible for harms even without being negligent or acting intentionally.<\/p>\n

Cruise ship operators are not strictly liable for passenger injuries<\/a>. Instead, they must be negligent or acting with willful intent. The determination of negligence under maritime law primarily hinges on whether a “reasonably careful ship operator” likely would not have known about the hazard that caused the injury. The law recognizes that it is not possible for even the most careful ship operator to foresee every dangerous condition.<\/p>\n

More simply put, cruise ship liability hinges on traditional elements of negligence. In negligence law, a responsible party has a duty to behave reasonably in order to prevent foreseeable harm to likely victims.\u00a0If your cruise ship is departing American waters, it would be categorized as a\u00a0common carrier<\/a> under the law.<\/span>\u00a0Common carriers have a heightened duty of care under which they must protect passengers from harm.<\/p>\n

For example, a reasonably careful ship operator should know a railing is rusted and cracked. Regular safety inspections are routine. They should fix the rail before a passenger plunges into the water after leaning on it. Similarly, a cruise ship company should provide a safe gangway with accessibility that prevents fall accidents.<\/p>\n

However,\u00a0the same ship operator is not reasonably expected to predict an earthquake-triggered tsunami. A captain may be forced to make an emergency maneuver, causing minor injuries to passengers and crew as a result of rough conditions. Given the tsunami was not foreseeable, the cruise line would not be liable for negligence.<\/p>\n

Proving Cruise Ship Negligence<\/h2>\n

In order to prevail, the plaintiff will need to prove that the cruise ship breached a duty of care<\/a>. As discussed, cruise ship operators must take reasonable care to ensure the safety of their passengers. That includes doing everything to maintain the safety of people on board.<\/p>\n

A cruise line breaches its duty by being unreasonable in the circumstances, such as by:<\/p>\n