Cruise Ship Injuries: Your Rights and Legal Options

Cruise vacations are meant to be a relaxing and enjoyable escape, but accidents and injuries can turn a dream trip into a nightmare. 

Whether it’s a slip-and-fall on a wet deck, food poisoning from unsanitary conditions, or a more severe incident like a drowning or assault, cruise ship injuries can be serious and legally complex. 

At Morgan & Morgan, we fight for the rights of passengers and crew members who have been harmed due to negligence or unsafe conditions aboard cruise ships. As the nation’s largest personal injury law firm with over 35 years of experience, we have the size, resources, and know-how to take on cases of any size. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What to Do if You’re Injured on a Cruise

If you or a loved one suffers an injury on a cruise ship, taking the right steps can protect your health and legal rights:

1. Report the Injury Immediately

Notify the cruise staff, security, and medical personnel as soon as possible. Request a written report of the incident and keep a copy for your records.

2. Document Everything

Take photos of the injury, the accident scene, and any hazardous conditions that contributed to the incident. Collect witness statements and contact information.

3. Seek Medical Attention

Visit the onboard medical facility for treatment, but also follow up with a doctor as soon as you return home. Keep all medical records and bills.

4. Avoid Signing Waivers or Giving Recorded Statements

Cruise lines may ask you to sign waivers or provide recorded statements that could be used against you. Consult a lawyer before agreeing to anything.

5. Contact a Maritime Injury Attorney at Morgan & Morgan 

Maritime law is complex, and cruise lines have teams of lawyers to protect their interests. Hiring an experienced attorney can help you understand your rights and pursue fair compensation.

Common Types of Cruise Ship Injuries

Cruise ships are like floating cities, complete with restaurants, pools, entertainment, and recreational activities. However, just like in any city, accidents can happen. Some of the most common cruise ship injuries include:

Slip and Fall Accidents

One of the most frequent causes of injury on a cruise ship is slipping and falling on wet, slippery, or uneven surfaces. Common locations for these incidents include:

• Pool decks
• Stairwells
• Buffet areas
• Cabin bathrooms

Food Poisoning and Illness Outbreaks

Cruise ships house thousands of passengers in close quarters, increasing the risk of foodborne illnesses and contagious diseases like norovirus. Poor food handling, contaminated water, or inadequate sanitation can contribute to widespread outbreaks.

Drowning and Near-Drowning Incidents

Cruise ships have pools, hot tubs, and even water slides, yet many do not have lifeguards on duty. Lack of supervision can lead to tragic drowning incidents, particularly involving children.

Excursion and Shore Injury Accidents

Many cruise passengers participate in shore excursions, including scuba diving, zip-lining, and hiking. While these activities are often organized through third-party vendors, cruise lines may still bear some responsibility for ensuring safety.

Falling Overboard

Though rare, falling overboard can be fatal. Cruise lines are required to have safety railings and warning systems in place, but negligence in enforcing safety protocols can lead to devastating accidents.

Sexual Assault and Physical Assault

Cruise ships are not immune to crime, and cases of sexual assault or physical violence have been reported. Inadequate security measures and failure to properly investigate or report such incidents can leave victims vulnerable.

Medical Malpractice Onboard

Cruise ships have medical facilities, but not all are equipped to handle serious injuries. Delayed or improper treatment can lead to worsened conditions, making medical malpractice a concern for injured passengers.

Your Legal Rights as a Cruise Passenger

Cruise lines operate under maritime law, which differs from standard personal injury law. Passengers who are injured on a cruise must navigate unique legal challenges, including:

Cruise Line Liability

Cruise lines have a legal duty to provide a reasonably safe environment for passengers and crew. If negligence, poor maintenance, or lack of safety measures contributed to an injury, the cruise line may be held liable.

Cruise Ticket Contracts and Legal Disclaimers

Cruise tickets often contain clauses limiting passengers’ rights to file lawsuits, specifying jurisdiction for legal claims, and shortening the time frame for filing. These contracts can make legal claims more complicated, but they do not absolve cruise lines of all responsibility.

The Death on the High Seas Act (DOHSA)

In cases where a passenger dies due to cruise line negligence while in international waters, the Death on the High Seas Act may apply. This law allows family members to seek compensation for financial losses, but not for pain and suffering.

Jurisdiction and Filing Deadlines

Many cruise tickets specify that lawsuits must be filed in a particular court, such as the U.S. District Court for the Southern District of Florida. Additionally, passengers often have only a few months to notify the cruise line of an injury and one year to file a lawsuit.

Compensation for Cruise Ship Injuries

Compensation for cruise ship injuries refers to the financial recovery passengers or crew members may be entitled to if they are injured due to negligence or unsafe conditions on a cruise. The types of compensation available can include:

Medical Expenses

These damages cover past, current, and future medical bills related to the injury and includes hospital stays, doctor visits, medications, surgeries, and rehabilitation.

Lost Wages and Loss of Earning Capacity

This includes compensation for income lost due to the inability to work after the injury. If the injury leads to a permanent disability, the victim may also recover compensation for reduced earning capacity.

Pain and Suffering

Pain and suffering covers any non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.

Emotional Distress

Emotional distress pertains to psychological damages such as anxiety, PTSD, or depression caused by the accident.

Disability and Disfigurement

This includes compensation for long-term or permanent injuries that impact quality of life.

Wrongful Death Damages

If a passenger dies due to cruise line negligence, surviving family members may seek compensation for funeral costs, loss of financial support, and loss of companionship.

Factors Affecting Compensation

Several factors are taken into consideration when considering the total compensation a personal injury claim is worth. These factors can include:

• Severity of the injury
• Impact on daily life and ability to work
• Medical treatment required
• Evidence of cruise line negligence

Since cruise ship injury claims fall under maritime law, navigating the legal process can be complex. Consulting an experienced cruise ship injury lawyer can help maximize compensation and ensure victims receive fair treatment.

When Should I File a Cruise Ship Injury Lawsuit?

Filing a cruise ship injury lawsuit requires prompt action due to strict deadlines and legal complexities. Here’s when you should file:

As Soon as Possible After the Injury

Maritime laws and cruise line policies impose tight deadlines on injury claims, so acting promptly is crucial to the success of your case. Plus, gathering evidence early (medical records, witness statements, photos) can help, as memories of details can fade with time.

Before the Cruise Line’s Deadline Expires

Most cruise lines have ticket contract terms that require written notice of injury within 6 months (sometimes sooner) and a lawsuit to be filed within 1 year of the injury. Failing to meet these deadlines could result in your case being dismissed. An experienced attorney at Morgan & Morgan can help you understand the time limits that apply to your case and ensure that you file correctly and on time.

If the Injury Worsens Over Time

Some injuries, like concussions or spinal damage, may not show full effects immediately. If your condition worsens, you should still file within the one-year statute of limitations to preserve your rights.

If the Cruise Line Denies Your Claim

Many cruise lines try to deny or minimize compensation. If your claim is rejected, filing a lawsuit may be necessary to seek fair compensation.

Before Evidence Disappears

Security footage, ship maintenance logs, and witness statements may be lost or destroyed over time. Filing quickly increases the chance of preserving key evidence.

Key Takeaway:

Most cruise ship injury claims must be filed within one year of the incident. However, waiting too long can weaken your case. Contacting a maritime injury attorney as soon as possible ensures you meet all deadlines and maximize your compensation.

Where Can I File a Cruise Ship Injury Lawsuit?

Filing a cruise ship injury lawsuit is more complex than a typical personal injury case because of maritime laws and the terms outlined in your cruise ticket contract. Here’s where you can typically file a lawsuit:

Specified Court in Your Cruise Ticket Contract

Most major cruise lines include a “forum selection clause” in their passenger tickets, which dictates where lawsuits must be filed. Common locations include:

• Miami, Florida: Home to the headquarters of major cruise lines like Carnival, Royal Caribbean, and Norwegian Cruise Line
• Los Angeles, California: Often required for lawsuits involving West Coast departures
• Seattle, Washington: Common for Alaskan cruise cases
• New York, New York: Sometimes specified for cruises departing from the East Coast

Federal vs. State Courts

Many cruise ship injury lawsuits must be filed in federal court, especially if they involve maritime law or incidents occurring in international waters. However, some cases may be allowed in state courts, depending on the circumstances and cruise line policies.

International Jurisdictions

If your cruise was operated by a non-U.S. cruise line or involved an injury in a foreign country, jurisdiction could be more complex. Some cases may need to be filed under international maritime law or in the country where the cruise line is registered.

The Death on the High Seas Act (DOHSA) Cases

If a wrongful death occurred in international waters, the Death on the High Seas Act (DOHSA) may apply. These cases are usually handled in U.S. federal court, but compensation is limited to financial losses (not emotional damages).

Lawsuits for Crew Members

Injured crew members typically file claims under the Jones Act or other maritime laws. These cases are often brought in federal court but may also be subject to arbitration agreements in employment contracts.

How Morgan & Morgan Can Help

Cruise vacations should be safe and fun, but when accidents happen due to negligence, victims deserve justice. 

Understanding your legal rights and taking the right steps after an injury can make all the difference, and with Morgan & Morgan on your side, you don’t have to fight alone.

Morgan & Morgan has a team of experienced maritime lawyers who specialize in cruise ship injury cases. Our attorneys understand the complexities of maritime law and have a proven track record of holding cruise lines accountable. 

If you or a loved one has been injured on a cruise, don’t wait. The time to take legal action is limited. Contact Morgan & Morgan today for a free, no-obligation case evaluation and let us fight for you. Our Fee Is Free®, and you only pay if we win your case.