When you book a cruise, you expect a wonderful time full of new sights, onboard entertainment, and plenty of relaxation. After all, a cruise should mean great food and continuous fun.
Most cruises provide these things, and you go home with lots of memories and a great tan. Sadly, a passenger is occasionally injured while onboard a cruise. When a serious problem occurs, can you file a personal injury claim? The answer is "Yes, sometimes."
Your Cruise Line Contract
When you buy a cruise ticket, you agree to certain terms. You can usually find their policy near the bottom of the ticket. It will probably read, " “Some name Cruise Lines is not liable for any personal injury, illness, or death unless negligent.” This sentence does protect them from claims if you are injured due to your own negligence. If you are drunk and fall down the stairs, for instance, the cruise line is not at fault. You may have a case if negligence on the crew's part causes you injury or illness.
Negligence Onboard
The most common injuries caused by cruise line negligence are slips and falls, drowning, and food poisoning. The U.S. Supreme Court determined in Kermarec v. Compagnie Generale that cruise lines have a duty of care and that passengers are not on their own. That means you should expect these companies to take reasonable precautions.
One reasonable precaution would be to follow best practices in food preparation to prevent you from becoming ill. If you experience gastric distress because you have a stomach bug or ate something you shouldn't, the cruise line is not to blame. They are responsible if the crew serves you undercooked food, food stored at the wrong temperature, or bad shellfish.
The ship would also be responsible if you slipped around the swimming pool because it didn't have the necessary mats to provide traction and absorb excess water. If you slip because your sandals breaks or you have had too many drinks, the ship is not to blame. You must assume responsibility for your own actions and decisions.
When passengers drown, a rare occurrence, the ship would be at fault if the deck area or windows were unsafe. They would not be to blame if you ventured into a forbidden area and hung off the rail.
When to Seek Help
It is important to take these steps following an injury on a cruise ship: seek medical attention, report your injury to staff and ask for documentation, speak with witnesses and record their contact information and document the incident and injuries with pictures or video.
If you or a family member are injured during a cruise, talk to a personal injury lawyer. They have the knowledge and experience to determine if you have a valid complaint. The cruise line owed you a duty of care, and if it failed to fulfil this duty, you should be compensated for your medical expenses, transportation to a hospital or home, and appropriate damages.
In many cases, a skilled lawyer can win a settlement without the case proceeding to court. In any event, you are owed compensation for a cruise ship injury caused by the crew's neglect. If they do not offer to settle, you should find a personal injury lawyer and take legal action.
