What You Should Know About Filing A Cruise Ship Lawsuit

If you are hurt during a shore excursion as part of your cruise

, it is uncertain whether the cruise company bears any liability. A federal court of appeals recently ruled that the family of a teenager who was shot and killed on St. Thomas while on a land excursion from her cruise can sue the Carnival cruise line for negligence. This case was dismissed by a previous judge in 2011. However, another case filed by a woman who was raped during a shore excursion in Mexico was dismissed. She claimed that Royal Caribbean was obligated to warn her.

Cruise Ships Can Tilt Unexpectedly

In 2006, more than 200 passengers on a Crown Princess cruise were injured when the ship tilted to the side by an estimated 24 degrees. Though the ship was upright again within 30 seconds, 94 people had to be hospitalized due to bruises, fractures, and abrasions. A 24 degree tilt can throw even the steadiest person off their feet, and in the case of this cruise it was enough to cause pool water to slosh out and down staircases. Crown Princess refunded passenger money, and that offer is typical of what people can expect from cruise lines when they threaten a cruise ship injury lawsuit.

If You're Injured You Have to Work Quickly after Returning to Port

If you are hurt, assaulted, or sickened by food poisoning on a cruise ship it is important that you document the injury and retain a copy of your ship medical record. In most cases you only have 12 months from the injury date in which to pursue a claim against a cruise line. Because of the terms and conditions you agree to when you purchase cruise tickets, and because jurisdiction is not easy to determine on a cruise that crosses international waters, filing a cruise ship injury lawsuit can be an uphill battle.

You Will Probably Have to Sue in Miami

In general, cruise ships must be sued in the area where the cruise departed from. South Florida is home to Port Everglades, Port of Palm Beach, and the Port of Miami, and if you sail from any of those, you almost always have to file a cruise lawsuit in Miami. This is true even if you live across the country. Cruise lines won a U.S. Supreme Court victory more than 20 years ago that allows them to specify where you must file suit. This means that if you want to bring a claim against a cruise company, you need to find a South Florida attorney with specific experience litigating cruise cases.

Your Lawyer Needs to Have Cruise Ship Lawsuit Experience

Cruise ship injury cases are unlike other personal injury cases. Ships sail under the flags of many different countries, and with these cases, it can take hard work to determine whether international maritime laws or national laws applied at the time of the injury. It is not impossible to successfully sue a cruise company after being injured, but it can be complicated, and there isn't time to waste due to the 12-month limit on claims.

by: Joseph Maus

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