Cruise Ship Accidents - Who Can Sue
Cruise ship accidents and claims involve a part of maritime law that pertains to cruise ships only.
There are special laws that apply just to cruise ships. For example, cruise lines often insert special provisions into their passenger tickets that shorten the time in which a passenger may file a law suit against the cruise line to one year.
So if you have been injured on a cruise ship recently, it is advised that you make your claim as soon as possible and seek a consultation from a maritime lawyer who specializes in cruise ship accidents regarding an injury lawsuit.
In addition to the one-year time period, some cruise lines can designate, within their passenger tickets, the only location where they can be sued. This is referred to as a forum selection clause.
The area where the cruise line can be sued usually is where the line is located.
With the advice and counsel of a maritime lawyer, they will make sure to file the injury lawsuit in the jurisdiction that the cruise line accepts, so as not to have the suit thrown out in court.
There are four main types on cruise ship accidents, two of which are usually open for an injury lawsuit.
Passenger-caused accidents and weather-related accidents usually are the result of bad choices and bad luck.
But, engineering accidents and shore excursion accidents are usually open and not the fault of the passenger.
Engineering cruise ship accidents are completely out of passengers’ control. These incidents result from crew errors or performance problems with the ship and include fires, malfunctioning stabilizers, and faulty engines.
If you have been injured as a result of faulty engineering, it is recommended you seek legal counsel from a maritime lawyer to file an injury lawsuit.
While exploring ports through shore excursions, it is possible that passengers will be involved in accidents. Those accidents could have been caused by negligence of the staff of the excursion.
Once again, it is important to know your rights. If you think negligence is the cause of a shore excursion accident, set a meeting with a local maritime lawyer who specializes in cruise ship injuries to pursue a claim.
For example, in 2006, a cruise ship caught fire while bound for Jamaica and the resulting blaze damaged 100 cabins on four decks. One passenger died of a heart attack while several others had minor injuries including bruises, abrasions, and smoke inhalation problems.
Some of these passengers could have an injury lawsuit if there was negligence when containing the fire or if it was cause by a crewmember.
In another example, a ship suddenly tilted 15 degrees to the side for about 30 seconds on its way to New York in 2006. The incident sent objects and people flying across the decks.
Hundreds of the passengers were injured and the verdicts could tally millions of dollars in injury lawsuits.
In an accident like this, the passenger payout will vary depending on how severe their injuries were.
Some passengers had serious surgeries following the accidents and others had broken bones.
The cruise line admitted that a crewmember caused the accident and for cruise ships motional harm pays out if someone is injured due to negligence because human error caused the ship to tilt.
For mass situations and others like these, it is recommended you seek advice from a
maritime lawyer specializing in cruise ship injuries for a lawsuit.