Cruise companies owe all passengers a duty of care to protect them from injury. But there are limits to this duty, and we’ll discuss these below. To pursue a claim against a cruise company it’s down to the passenger to prove that:
The accident giving rise to the claim occurred during the voyage; and
Any injury resulted from the cruise company’s negligence
Cruise ship accidents often occur in international waters and the laws governing any legal claim may be dictated by the country in which the cruise ship is registered. These factors make this type of claim more complicated that other types of personal injury claims. It’s critical therefore to seek expert advice before beginning an injury claim against a cruise ship operator. ParrisWhittaker is a leading shipping law firm in the Bahamas. We regularly take on complex personal injury claims, suing cruise ship companies on behalf of passengers who have suffered loss or injury at sea. What are the main types of passenger claim against cruise operators?
What are the main types of Passenger claim against Cruise Operators?
Claims against cruse operators may result from Illness such as food poisoning caused by large numbers of people sharing the same eating and leisure facilities
Injuries caused by boarding and disembarking the vessel
Slips and falls caused by defects and hazards in internal spaces
What special factors apply to cruise ship injury claims?
Under maritime law, a cruise operator is liable for injuries caused to passengers when it can be established that the operator breached its duty of care to protect the passenger from harm and that there is a close enough link between the breach of duty and the harm. This is in line with the common law of negligence. But anyone considering bringing a claim against a cruise operator must also consider the following specific aspects of any potential claim:
What country’s law governs the claim? Is it the country under whose flag the ship is registered? Just because a vessel departs from the US or the Bahamas for example does not mean the passenger’s claim is governed by the laws there. An expert lawyer will know that it’s necessary to examine carefully the passenger’s ticket and the nature of the contract. The ticket should clearly state what laws govern any claim. Sometimes, as is the case for the main global cruise carriers, the location for any dispute to be decided is dictated by the cruise company. The passenger, on purchasing his or her ticket, is legally deemed to agree to this choice.
How long do you have to make a claim? In most negligence claims – in the UK and the US for example plaintiffs have up to three years to bring a claim. Many cruise operators limit the limitation period to one year – with a requirement that notice of the claim must be given within six months. If you believe you have a legitimate claim you should seek legal advice as a matter of urgency.
Investigating a claim to ensure you build the strongest case can be hampered by difficulty in accessing a ship that may have sailed to a different part of the globe. Similarly interviewing witnesses can be especially problematic if they have moved to to a different ship or have returned to their home country. Again you may need to act urgently to secure your position and build a robust claim.
Can I sue if I get Covid on board?
The high incidence of Covid19 on many major cruise lines meant that many claims arose in the early stages of the pandemic. But claims for injury continued to be lodged throughout 2021. Like any claim against a cruise operator, a passenger who contracts Coronavirus will need to establish that this was due to the operator’s negligence in not protecting passengers or failing to educate them about the possibility that coronavirus may have been present on the ship before they boarded.
As with other claims against cruise ships the hurdles in bringing a successful case outlined above also apply if your claim is Covid-related. For example:
The terms of the ticket/contract will often limit liability;
Passengers must warrant they do not have an illness when they board;
An injured party may not be able to choose where to bring the claim;
The right to bring a group action if many passengers have been infected with Covid might be limited by the conditions of the ticket
While these considerations might serve to limit the possibility of successfully suing a cruise liner for coronavirus, an experienced lawyer should be able to help you navigate these issues and advise you on whether you have a valid claim.
Contact Us
If you have been injured during a cruise it’s important to get legal advice as soon as you become aware of your injuries. You can schedule a meeting with a lawyer at ParrisWhittaker today.
