Not The Typical Cruise Ship Lawsuit

Media Portrayal of Cruise Ship Lawsuit Doesn't Tell the Whole Story

The Costa Concordia Disaster Is Not Typical

The early 2012 Costa Concordia cruise ship disaster has placed cruise lines in the news. But what news coverage doesn't tell you is that the typical cruise line accident lawsuit is very different from other types of personal injury lawsuits. For one thing, most cruise lawsuits do not come from major disasters like the Costa Concordia, but from things like slip and fall injuries, illnesses, and assaults. For another, pursuing what seems like a very clear-cut claim against a cruise line can be an uphill battle. Here are some things you should know before going on your next cruise.

Cruise Lines Deflect Lawsuits in Many Ways

The terms and conditions you agree to when you purchase your cruise tickets are heavily biased in favor of the cruise company. These terms and conditions spell out very specific rules about making a claim against a cruise firm after an injury. You will have to bring your claim in the jurisdiction the cruise company chooses (usually Miami), and you only have one year after the injury to pursue the cruise company. In most other types of personal injury accidents, you have three to five years. With cruise line accidents, once a year has passed, you are out of options.

Even Criminal Cases Can Be Difficult to Pursue

Another 2012 case involved a woman who was sexually attacked by a crew member while on a Royal Caribbean cruise. Parts of the attack were captured on surveillance video. The woman reported the incident to ship security, but rather than turn the man in to law enforcement authorities, they simply fired him and kicked him off the ship at the next port, despite having evidence that would be of clear benefit to law enforcement in St. Kitts, where the man was released. The bottom line is, as a passenger, you may have to fight to have your rights protected after an injury suffered while on a cruise.

What to Do After Being Injured On a Cruise Ship

The first step after being injured on a cruise ship is to get the necessary medical attention. Try to determine if the incident was captured on surveillance video. If there were witnesses, obtain their contact information. When it's time to disembark, demand a copy of your ship medical record. A cruise ship lawsuit may not be necessary, but you want to be prepared in case it is. As soon as you're back on land, call an attorney with experience specifically in cruise line accident cases.

What Not to Do After Being Injured On a Cruise Ship

Don't try to work directly with the cruise ship to settle your claim. Cruise lines are practiced at "running out the clock," ignoring you or only responding when the statute of limitations is almost over. Don't wait until you've been ignored by the cruise line to speak to a cruise accident attorney. If a cruise line accident lawsuit is necessary, you need to act swiftly. Only a lawyer skilled in handling this type of lawsuit can protect your rights to the greatest extent possible.

by: Joseph Maus

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