How to Sue If You're Injured on a Cruise Ship
Most people do not always consider potential accidents and injuries when planning a cruise ship tour. That is completely understandable. The last thing you want when traveling on a cruise ship is to think about the bad things that could happen. However, whether or not you know about it, accidents happen on cruise ships. And when they do, the injured can sue the party responsible for the accident.
At Morgan and Morgan, we can fight for you or your loved one who has been injured aboard a cruise ship in the mainland US, including territories such as Puerto Rico. All you need to do is fill out our free case evaluation form. Then, one of our legal representatives will review your case and get in touch with you to discuss your options.
Who Should I Sue if I Fell on a Cruise Ship?
It all depends on the circumstances of your case. However, in most cases, the cruise line is usually responsible for such accidents.
Slip and fall accidents occur mainly due to negligence. Maybe, someone forgot to clean up a pool of liquid on the floor, and you accidentally stepped on it, suffering several injuries. Or, perhaps you slipped and fell due to missing handrails or other security installations that could have prevented the incident from happening in the first place. Whatever the reason, someone might be held responsible.
Why Should I Sue the Cruise Line if It Is Their Worker Who Caused the Slip and Fall Incident?
The main goal of filing a personal injury lawsuit is to receive financial compensation for your injuries. Therefore, to improve your chances of recovering the settlement you deserve, you will need to go for individuals or entities who can afford to compensate you. Unfortunately, many cruise ship workers do not earn enough to support themselves and their loved ones even though cruise lines make billions yearly.
For this reason, suing a cruise line worker will not get you the compensation you need and deserve. Instead, you need to go for the big fish in the ocean—the cruise line or any other entity capable of compensating you.
However, their ability to compensate you does not automatically make them liable for your injuries; you must also prove that they are somehow responsible for the accident.
That is where an experienced attorney comes in to connect the dots. Even though cruise ship workers might have caused the accident, their employer could be liable. In fact, companies that operate on cruise lines usually have some form of insurance to protect themselves from such lawsuits. This ensures that they do not cease to exist just because they have been slapped with a lawsuit and will need to compensate the plaintiff for the injuries sustained.
Rather, the insurance policy shields the company and compensates the plaintiff for their injuries. This, eventually, creates a win-win situation; the company can continue with its operations despite the judgment, and you will feel whole again after receiving compensation for your injuries.
Where Can I File the Lawsuit?
Again, this will depend on the unique details of your case. For example, if the accident occurred on international waters, most cruise lines have a policy that requires the injured to file a lawsuit at the company’s headquarters. This means that if you slipped and fell in the Caribbean aboard a Florida-based cruise ship, you may need to file a claim in Florida.
Is Suing a Cruise Line Different From Other Personal Injury Cases?
Unfortunately, it is. The process of suing a cruise line requires a more careful approach. This explains why you should consider hiring a travel injury attorney specializing in cruise ship injuries. Your regular personal injury attorney might not know the unique laws that apply to these lawsuits and how to navigate the complex processes involved in the pursuit of compensation.
For instance, many injured individuals sign waivers even without knowing. Some waivers limit how or who they can sue if injured on a cruise ship.
A good example of such a situation is when you purchase a cruise ship ticket. At that particular moment, you are probably excited about your trip. Other than the ticket price, chances are you will not be concerned about anything else. So when the Terms and Conditions page appears on your screen, you will likely agree to everything and proceed to checkout. This step could change your claim if you get injured on a cruise ship.
Some cruise lines require passengers to agree to pursue arbitration instead of a lawsuit when they get injured aboard the vessel. Many travelers do not know about this policy until it is too late. Interestingly, most of these policies are usually printed on the tickets, and passengers move around with them, not knowing how they could impact their case.
Some cruise lines require their passengers to inform the company about the injury within a specific period of time before pursuing a lawsuit. These policies could change from one company to another. So, if you get injured on a cruise ship due to a slip and fall accident, and you brush it off, hoping to file a lawsuit when you get back home, it may be too late.
Lastly, some cruise lines are quite specific about the jurisdiction where you may be allowed to sue. For instance, as mentioned earlier, a Florida-based cruise line will want you to sue in Florida even if the injury occurred on international waters. So if you head back to your state to file a lawsuit, you may not be able to do so legally.
These are just some of the complexities of taking legal action against a cruise line. It gets even more complicated down the line, depending on the specifics of your case. To avoid all that confusion and focus on healing as much as possible, consider hiring an experienced cruise ship injury attorney.
What Should I Do After Slipping and Falling on a Cruise Ship in Puerto Rico?
If you slip and fall on a cruise ship, follow these steps:
Seek immediate medical attention. People who slip and fall on cruise ships and other public spaces tend to shy away from seeking medical attention. Some act tough by simply downplaying the injuries. But later, most end up regretting such decisions.
You should seek immediate medical attention when you slip and fall on a cruise ship. These vessels carry thousands of passengers every trip. For this reason, cruise lines are always prepared for medical emergencies.
- Report the incident. You will need to file a report with the cruise line as soon as possible. The report will include details such as the time, date, and location of the incident, a probable dangerous condition that led to your injuries, and other relevant information.
Collect evidence to prove your case. If possible, take photographs and videos of your injuries or the dangerous condition you believe caused you harm. Cruise ships are usually fitted with surveillance cameras. Therefore, there is a possibility that the incident was captured on tape.
However, you should not solely rely on cruise ship investigators to gather evidence to prove your case. It is always advisable to collect as much evidence as possible about the incident.
It is also understandable that gathering evidence in certain situations may be difficult. For example, if you suffered serious injuries, you will likely not have time to collect evidence right after the injury. In that case, you may still be able to prove negligence. We will discuss that shortly.
- Identify witnesses. If anyone witnessed the accident, it is advisable to collect their contact information. Their testimonies could come in handy later when you file a slip-and-fall lawsuit against the liable party.
- Contact a personal injury attorney. A skilled personal injury attorney can help build a strong case and hold the other party accountable for your injuries.
Why Exactly Should I Hire an Attorney?
When you get injured after a slip and fall incident on a cruise line, an experienced attorney can help review your case to determine whether it is valid. Just because you were injured on a cruise ship does not necessarily mean the cruise line is liable. Think about it this way: when you get injured in a slip and fall accident at the mall, many other businesses might be liable, but not necessarily the mall owners.
The first thing an attorney will do, suppose you have a valid claim, is to determine the party responsible for your injuries. This factor will depend on the specifics of your injury. While it is possible to hold the cruise line liable, many other parties might also be responsible for your injuries.
The laws surrounding cruise ship accidents are usually complex. The last thing you want is to come up against these giant multi-billion companies without legal representation. Chances are they will not take your case seriously when you do not have an attorney.
Having an attorney gives you peace of mind, knowing that you have someone familiar with maritime laws fighting for your best interests. Keep in mind that it takes years to become an attorney and even more years to specialize in one area of law. Therefore, you will not learn everything you need to know about personal injury overnight, let alone cruise ship accidents.
Lastly, it is expensive to pursue a lawsuit against a cruise line. The sheer size of these companies is enough to convince some individuals to abandon their claims and move on with their lives. Unfortunately, this happens to law firms that lack the powerful legal resources to fight for their clients.
Remember, cruise lines can afford some of the best defense attorneys in the country without breaking the bank. On the other hand, if you do not have an attorney to fight on your behalf, you may not even make it past the evidence-collection stage due to a lack of resources.
What Damages Can I Recover From the Lawsuit?
Suppose you win your case against the cruise line. Depending on the nature of the case, you may be entitled to economic and noneconomic damages.
Examples of economic damages include medical expenses, cost of hospital stay, lost wages, lost earning potential due to injuries, and so on.
Some examples of non-economic damages include inconvenience, emotional distress, pain and suffering, permanent disfigurement, and embarrassment.
What if Someone Died on a Cruise Ship?
If someone died due to a slip and fall incident on a cruise ship or any accident caused by negligence, you might be able to file a wrongful death lawsuit against the liable party. But, again, you will need a powerful personal injury firm to represent you.
For example, at Morgan and Morgan, we have an army of over 800 injury attorneys specializing in different injuries, including deaths caused by negligence. So, whether you are looking for a competent and compassionate slip-and-fall lawyer or someone specializing in wrongful death, you can count on us to find the perfect match.
All you will need to do is fill out our free case evaluation form to determine whether you have the legal grounds to sue.
Injured? Getting the compensation you deserve starts here.
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