The Legal Rights of Victims of Cruise Ship Injuries
Cruise ship vacations have always been a popular way to travel, see the world and relax. And in recent decades, their business has exploded. With millions of passengers buying tickets, thousands of employees, and ships being built that will house over 3000, the number of injuries has also increased.
While there is an almost endless list of mishaps that can happen onboard a cruise ship, here are a few of the more common:
Passengers injured by others onboard the ship including other travelers and crew.
Passengers and/or crew injured by faulty equipment or a hazardous condition.
Passengers becoming victims of crimes like assault and robbery.
Passengers becoming victims of pirate attacks (an increasing danger in the past 20 years)
Whether you are a passenger or worker, when an injury occurs at sea, what rights can you expect? The answer to this question is not easy. Here are some general truths:
The cruise ship owes all aboard a duty of safe transportation.
If a cruise ship departs from a United States port, it is called a “common carrier,” and, under the Shipping Act of 1984, these ships offer greater protection.
If anyone goes missing from a cruise ship, the cruise line must perform a “reasonable search and rescue.”
Most employees of cruise ships, especially if they live and work onboard, are covered by the Jones Act protections including compensation for medical and living expenses as well as the right to sue.
So, what if you are injured on a cruise ship? Who is liable for your injuries? You may file suit against:
The cruise ship owner;
The party who chartered the ship;
The company that operated the ship; and/or
The entity that sold the ticket.
You must be careful about your rights. Once you step onboard a cruise ship, your legal options are not the same as they are on US soil. There are a few reasons for this:
Many maritime laws were designed to protect the ship operators/owners hundreds of years ago and some have not changed that much.
The cruise ship ticket may restrict the state(s) in which you may file suit. This information is often hidden in small print on the back of the ticket, which is considered a contract.
The statute of limitations may be much shorter than it would be on land. Your suit could be dismissed if you do not file in time.
From this point, the waters get much murkier when it comes to a cruise ship lawsuit. There are enough variables in the law from this point onward, that it is a good idea to get some professional legal help to exercise your rights fully.
The maritime law experts at The Young Firm in Louisiana are ready, willing and able to answer your questions about cruise ship law and, if necessary, represent you. Although we are based in New Orleans, we can help you anywhere in the United States. Call us today for a free case consultation.
