Cruise Ship Claims
Provided by HG.org
A vacation aboard a cruise ship can be a memorable experience, an affordable, all-inclusive vacation option, and a great way to see exotic ports of call. But, what happens when something goes wrong and your memories end up being of sickness, injury, inadequate medical care, fire, being stranded, crime, or even the wrongful death of a loved one?
One of the first issues to confront is figuring out which laws and venue applies to your case. Often, the case may be governed by maritime law, or the law of the seas. Of course, this can vary from place to place, so the applicable maritime law is usually the law in place in the corporate headquarters of your cruise line. This is also often where you will have to bring your lawsuit, even if your port of call was a different location, because many cruise lines use what is known as a forum selection clause in their purchase agreements. Remember all that small print you probably didn't read when you made your reservation? That's where the forum selection clause is often hiding. So even if you live on the west coast and took a trip to Alaska, you may end up having to fight your court battle in Miami, Florida.
Of course, it is often unclear which laws may apply to an incident, or if there are any laws that apply at all, because cruise ships often travel into international waters, areas beyond the territorial boundaries of any country. This can also mean the ship has traveled beyond the reach of the laws of the United States. Complicating the picture, most cruise ships are also registered in a foreign country and fly a foreign flag. Often, these countries have very lax enforcement policies as pertains to cruise ships.
Many of the laws that do apply to cruise ships have not changed significantly from rules that were established centuries ago, when ships sailed by wind and were made of wood. These laws reflect the social standards of that time and continue to favor owners over passengers and crew members.
Cruise ship cases can include injuries, like trips and falls, assault by crew members or other passengers, sexual battery, and other personal injuries. They can also include claims related to cruise ship accidents like on-board fires, running aground, or being stranded at sea. Cruise ship lines have a responsibility to make sure there are no hazardous conditions on a ship that can cause injury to its passengers. This can include providing adequate security to protect you from crew members and other passengers. Similarly, cruise lines have an obligation to ensure their ships are in good working order and their personnel are properly trained. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions, and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence or other causes of action.
Because of the nature of a cruise ship, you might have a variety of different types of damages. For example, you may have the direct injuries from your accident, including medical expenses, pain and suffering, and mental anguish and emotional damages. You might also have lost wages, not just from an injury but from a delayed cruise ship. You may have monetary damages from missed flights, extra nights in hotels, etc. You could also suffer post-traumatic stress after any incident in the isolating confines of a cruise ship.
In most admiralty and maritime cases, the statute of limitations is just three (3) years. However, cruise ship operators often require that ticket purchasers agree that any such case must be filed within one (1) year, and that the case must be filed in a particular court, usually in federal court in the Miami, Florida jurisdiction. As a result, if you have a potential claim against a cruise line, you will need to move quickly and get the information you need about filing your case as soon as possible.
Because of the obstacles both the law (or lack thereof) and the cruise lines themselves place in your path, it is important that you strongly consider hiring an attorney who specializes in these types of cases. You may well need an attorney who specializes in maritime law, a fairly small specialty.
What About Crew Members?
When we think about cruise ship cases, we normally just think about claims by passengers for vacations gone awry. But what about crew members: the people most likely to be exposed to danger just because of how often they are on the seas? The Jones Act, 46 U.S.C.§ 30104, is a U.S. federal statute and is one of the applicable laws relating to compensation for injured crew members. Jones Act claims can be extremely complex and difficult to prosecute because they are strictly construed from the statute. General maritime law also provides for damages for crew members who are injured due to un-seaworthy conditions aboard the ship.
Again, given the complexity of maritime law and the applicable federal statutes, it is important to contact a qualified, experienced attorney to guide you through the process of seeking recovery for your injuries or for the loss of a loved one.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Of course, it is often unclear which laws may apply to an incident, or if there are any laws that apply at all, because cruise ships often travel into international waters, areas beyond the territorial boundaries of any country. This can also mean the ship has traveled beyond the reach of the laws of the United States. Complicating the picture, most cruise ships are also registered in a foreign country and fly a foreign flag. Often, these countries have very lax enforcement policies as pertains to cruise ships.
Many of the laws that do apply to cruise ships have not changed significantly from rules that were established centuries ago, when ships sailed by wind and were made of wood. These laws reflect the social standards of that time and continue to favor owners over passengers and crew members.
Cruise ship cases can include injuries, like trips and falls, assault by crew members or other passengers, sexual battery, and other personal injuries. They can also include claims related to cruise ship accidents like on-board fires, running aground, or being stranded at sea. Cruise ship lines have a responsibility to make sure there are no hazardous conditions on a ship that can cause injury to its passengers. This can include providing adequate security to protect you from crew members and other passengers. Similarly, cruise lines have an obligation to ensure their ships are in good working order and their personnel are properly trained. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions, and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence or other causes of action.
Because of the nature of a cruise ship, you might have a variety of different types of damages. For example, you may have the direct injuries from your accident, including medical expenses, pain and suffering, and mental anguish and emotional damages. You might also have lost wages, not just from an injury but from a delayed cruise ship. You may have monetary damages from missed flights, extra nights in hotels, etc. You could also suffer post-traumatic stress after any incident in the isolating confines of a cruise ship.
In most admiralty and maritime cases, the statute of limitations is just three (3) years. However, cruise ship operators often require that ticket purchasers agree that any such case must be filed within one (1) year, and that the case must be filed in a particular court, usually in federal court in the Miami, Florida jurisdiction. As a result, if you have a potential claim against a cruise line, you will need to move quickly and get the information you need about filing your case as soon as possible.
Because of the obstacles both the law (or lack thereof) and the cruise lines themselves place in your path, it is important that you strongly consider hiring an attorney who specializes in these types of cases. You may well need an attorney who specializes in maritime law, a fairly small specialty.
What About Crew Members?
When we think about cruise ship cases, we normally just think about claims by passengers for vacations gone awry. But what about crew members: the people most likely to be exposed to danger just because of how often they are on the seas? The Jones Act, 46 U.S.C.§ 30104, is a U.S. federal statute and is one of the applicable laws relating to compensation for injured crew members. Jones Act claims can be extremely complex and difficult to prosecute because they are strictly construed from the statute. General maritime law also provides for damages for crew members who are injured due to un-seaworthy conditions aboard the ship.
Again, given the complexity of maritime law and the applicable federal statutes, it is important to contact a qualified, experienced attorney to guide you through the process of seeking recovery for your injuries or for the loss of a loved one.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
