Cruise Ship Injuries: What are Your Rights?

Cruise ship vacations are more popular than ever. These floating cities offer water parks, casinos, Broadway-style shows, and everything else in between. All the while they transport passengers to exciting locations. Crew members see to every need.

At least, that's the idea. But what happens if things don't go as planned on your cruise vacation? What are your rights?

Cruise Line Passenger Bill of Rights

Despite affecting ships entering U.S. ports, the Jones Act wasn't designed for cruise ships. The Cruise Lines International Association (CLIA) follows the International Cruise Line Passenger Bill of Rights. Major cruise line members have adopted the following as rights bestowed on all passengers:

• The right to disembark a docked ship if essential provisions such as food, water, restroom facilities, and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port
• The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures
• The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shoreside medical care becomes available
• The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures
• The right to a ship crew that is properly trained in emergency and evacuation procedures
• The right to an emergency power source in the case of a main generator failure
• The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures
• The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures
• The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations
• The right to have this Cruise Line Passenger Bill of Rights published on each line’s website

It's important to note what's not on the list. There is no blanket acceptance of blame for all mishaps on a cruise ship. If you have an issue with a crew member, the cruise line likely has responsibility. If a person from the neighboring cabin punches you, your neighbor is certainly liable. Proving the cruise line's liability, such as not having enough security, might prove more difficult. For other incidents, the onus is on the passenger to prove the carrier was somehow negligent, which is often difficult to do.

Cruise ships are considered common carriers, like a bus or an airplane. At a bare minimum, the ship's owner owes the duty of reasonable care to the passengers. This involves navigating dangerous conditions and making sure injured passengers have access to medical attention.

Beyond that, negligence hinges on whether the cruise line knew or should have known about the dangers to the cruise ship passengers. Legal issues can get complicated due to a ship's registry, cruise ship laws under maritime laws, and clauses in the vacation contract.

Maritime Law and Cruise Ships

There are important differences between U.S. law and maritime law. While they often work together, it's not always the case. Cruise ships fly the flag of the country they're registered in, which are often foreign countries. Vessel inspections adhere to the laws of the country, along with some criminal statutes.

All ships in U.S. waters are subject to the U.S. Coast Guard's enforcement of the Safety of Life at Sea (SOLAS) protocol. This ensures there are enough life jackets and other safety procedures in place.

Read the Fine Print

Resulting legal issues can get complicated due to a ship's registry, maritime laws, and clauses in the vacation contract.

Before you sign up for a cruise ship vacation, it's a good idea to read the guest terms and conditions. To be permitted on the ship, you must agree to the terms of that company's cruise ticket contract. These often include forum selection clauses and choice of law clauses. If you do so, you're signing away certain legal rights.

For example, the usual statute of limitations under maritime law is three years. If the cruise line is based in Florida, they can use certain Florida statutes instead. This includes shortening the statute of limitation to a year. In addition, any actions you might want to bring against the cruise line must be filed in federal court in Miami. This might not be the best venue to bring a personal injury claim.

This mixture of local and maritime laws can limit the types of damages passengers can pursue as well. Maritime law doesn't allow for pain and suffering or loss of consortium. Traveling back to Miami for a hearing is no easy task for many.

Understand Your Rights During Your High Seas Adventure

While the ship's captain is responsible for getting passengers safely to their destinations, both maritime law and cruise ship contracts limit the liability of the ship's owner in many instances. Cruise insurance can protect you from cancellations, medical expenses, and lost luggage, but it won't bypass the waivers you signed.

A personal injury attorney or a maritime lawyer can examine your case and see if it has merit.

Related Resources

• Cruise Ship Injury Claims (FindLaw)
• Cruise Ship Accidents and Liability (FindLaw)
• State Negligence Laws (FindLaw)