Sailing into Danger: What to Do After a Cruise Ship Accident

Cruise vacations are often envisioned as relaxing escapes on the open sea, but the reality can sometimes take a sharp turn. While cruise lines strive to ensure passenger safety, accidents do happen. In fact, one study found that across three years, 663 injuries were reported onboard a cruise ship. Knowing what to do after a cruise ship accident is crucial to protect your health and legal rights.

Common Cruise Ship Accidents

Cruise ship accidents can range from minor slips and falls to more serious incidents. Some of the most common types of accidents include:

Slips, Trips, and Falls: Slippery decks, unmarked steps, and uneven surfaces can lead to falls, resulting in injuries like broken bones, sprains, or head trauma. Research indicates that slips, trips, and falls account for nearly 45% of injuries on the vessel and almost 70% of injuries on shore.
Food Poisoning: Outbreaks of norovirus and other foodborne illnesses can affect large numbers of passengers, causing gastrointestinal distress.
Swimming Pool Accidents: Injuries can occur in and around swimming pools due to slippery surfaces, lack of supervision, or improperly maintained equipment.
Shore Excursion Accidents: Accidents during shore excursions, such as transportation incidents or injuries sustained during activities, are also common.
Medical Negligence: Misdiagnosis or inadequate medical care onboard can worsen existing conditions or lead to new health problems.
Assault and Crime: Though less frequent, incidents of assault, theft, and other crimes can occur on cruise ships.

Immediate Steps to Take After a Cruise Ship Accident

If you experience an accident on a cruise ship, taking the right steps immediately can significantly impact your well-being and any potential legal claims.

Seek Medical Attention: Your priority should be to seek medical help. Cruise ships are equipped with medical facilities and healthcare professionals. Even if the injury seems minor, it’s important to have it assessed, ensuring your well-being and providing a medical record of the incident.
Report the Incident: As soon as you’re able, report the injury to the ship’s staff. Ensure you get a copy of this report; it’s a vital piece of evidence for any future claim and can help ensure remedial measures are taken to prevent any future injuries to other passengers.
Document Everything: Take photographs of the location where the injury happened, especially if there were any hazards like wet floors or broken equipment. If there were any witnesses, try to get their contact details. Keep a record of your medical treatments and any related expenses as well.
Keep Communication Records: If you communicate with the cruise line or their representatives about your injury, keep a record of all correspondence.

Understanding Your Rights as a Cruise Passenger

Cruise passengers have certain rights, although these can be complex and subject to specific legal rules. The Cruise Lines International Association (CLIA) has established a Passenger Bill of Rights, which includes the right to:

Disembark a docked ship if essential provisions cannot be adequately provided onboard.
A full or partial refund for canceled or terminated trips due to mechanical failures.
Emergency medical attention as needed until shoreside care is available.
Timely information updates regarding itinerary adjustments due to mechanical failure or emergencies.
A crew that is properly trained in emergency and evacuation procedures.

However, it’s important to recognize that cruise tickets often contain clauses that can limit your rights, including:

Forum Selection Clauses: These clauses dictate where you can file a lawsuit against the cruise line, often requiring you to sue in a specific location, such as Miami, Florida.
Time Limitation Clauses: These clauses shorten the time you have to file a claim, often to one year from the date of the incident.

The Role of Maritime Law

Cruise ship accidents fall under the jurisdiction of maritime law, a complex body of law that governs incidents occurring at sea. Maritime law can be significantly different from state or federal law, and it often involves international conventions and regulations.

Key aspects of maritime law relevant to cruise ship accidents include:

Negligence: Cruise lines have a duty to exercise reasonable care for the safety of their passengers. If a cruise line’s negligence causes an accident, they can be held liable for damages.
The Athens Convention: This international convention sets out principles concerning the liability of cruise lines for accidents and injuries that occur on their ships.
The Death on the High Seas Act (DOHSA): This act applies to deaths that occur more than three nautical miles from shore and can limit the types of damages available in a wrongful death claim.

Making a Cruise Ship Accident Claim

Making a cruise ship accident claim involves navigating through a series of steps to seek compensation for injuries sustained onboard. Understanding this process is essential for ensuring a successful claim due to the complexities associated with maritime law and international jurisdictions.

Seek Immediate Legal Advice: After receiving medical treatment and documenting the incident, the first step is to consult with a solicitor who specialises in cruise ship accident claims. Their expertise in maritime law and experience with the intricacies of cruise ship claims are invaluable for guiding you through the process and maximising your chances of a successful outcome.
Gather and Preserve Evidence: Your solicitor will advise you on the specific types of evidence that will strengthen your claim. This typically includes medical reports, photographs of the accident scene, witness statements, and any correspondence with the cruise line regarding the incident. Preserving this evidence is critical for substantiating your claim.
Understand the Claim Basis: Demonstrating fault or neglect can be complex and requires a detailed understanding of what cruise lines are legally expected to provide in terms of safety and care.
File Within the Time Limits: There are strict time limited. Missing these deadlines can result in the dismissal of your claim, so it’s important to act promptly.
Negotiate a Settlement: Many cruise ship accident claims are resolved through settlements before reaching court. Your solicitor will negotiate with the cruise line on your behalf, aiming to secure a compensation package that covers medical expenses, loss of earnings, pain and suffering, and any other damages relevant to your case.
Prepare for Litigation: If a settlement cannot be reached, your claim may proceed to court.

Compensation You May Be Entitled To

If you’ve been injured in a cruise ship accident due to the cruise line’s negligence, you may be entitled to compensation for:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and medication expenses.
Lost Wages: You can recover lost income if your injuries prevent you from working.
Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
Loss of Earning Capacity: If your injuries result in a long-term disability that affects your ability to work, you may be compensated for lost future earnings.
Other Damages: Depending on the circumstances, you may also be able to recover damages for travel expenses, property damage, and other out-of-pocket costs.

The Importance of Consulting a Maritime Attorney

Given the complexities of maritime law and the limitations often found in cruise ticket contracts, consulting with an experienced maritime attorney is crucial after a cruise ship accident. A maritime attorney can:

Evaluate your case and advise you on your legal options.
Investigate the accident and gather evidence to support your claim.
Navigate the complexities of maritime law and procedure.
Negotiate with the cruise line and their insurance company.
Represent you in court if necessary.

Conclusion

Sailing into danger is never part of the vacation plan, but being prepared can make all the difference. If you or a loved one has been injured in a cruise ship accident, remember to seek medical attention, document the incident, and consult with a qualified maritime attorney as soon as possible. Understanding your rights and taking the right steps can help you protect your health and pursue the compensation you deserve.