Cruise Ship Liability

Buyer Beware is the best way to approach any Cruise. As long as you realize you essentially have no remedy if you are injured while on a Cruise Ship, Cruise Away.

Here are just a few pitfalls to be aware of:

1. Most tickets choose the place where a lawsuit may be brought. It is never convenient for the passenger, and is tailored to the convenience of the Cruise Line. By way of example, Royal Caribbean, Carnival, and Celebrity Cruise Lines require all lawsuits to be brought in Dade County Florida. Other Cruise Lines choose Los Angeles, or Seattle. This is a huge inconvenience for a plaintiff, as the plaintiff has to hire a lawyer from that location, and appear as required in those locations to process the lawsuit. This can become expensive and burdensome. Many tickets also require a detailed notice of claim within six months, and suit to be filed within one year from the date of loss. The effectively limits the usual three year statute of limitations allowed under Maritime Law to six months.
2. Cruise Lines are rarely liable for any malpractice occasioned by treatment from the ship’s doctor. Most tickets state the doctor is an independent contractor. Most of the Cruise Line doctors are citizens of a foreign country, and do not carry malpractice insurance. Being foreign citizens, they are not subject to suit in United State’s Courts and the Cruise Lines are not liable for acts of “Independent Contractors.”
3. Cruise Lines have no liability for Shore-Side Excursions. Again, the Cruise Companies take the position that the Excursion Company is an independent contractor. Bringing a lawsuit in the Caribbean or Mexico or Spain is not easy to do, and the Cruise Line has no liability for acts of the Independent Excursion Company. Bought the ticket from the Cruise Line? Too bad, read the fine print. The Excursion Company is an Independent Contractor.
4. Baggage Liability: Most tickets limit liability for baggage to $50 per bag or $100 per cabin. You can declare additional value, and pay a premium for insurance, but unless that is done, you are limited to the amount stated on your ticket.
5. No claims for emotional upset or distress. Again, your ticket limits your claim. Many rapes occur on Cruise Ships. Most of those rapes are perpetrated by Cruise Line Employees. The primary injury for a rape is emotional distress. Because of limiting language in the ticket, those claims are barred. The perpetrator is rarely prosecuted, as the ship usually leaves port before the police make an arrest, and the criminal is usually a resident of a foreign country, making extradition difficult and expensive. Claims for wrongful death of a relative are primarily claims of emotional upset. Again, there is no liability to the Cruise Company for your emotional upset or distress because your mother drowned in a ship accident.
6. Unlimited right to search and seizure: Your ticket again gives the Cruise Line the unlimited right to search your cabin without notice, and seize anything deemed to be “contraband.” If you refuse the search, you can be “disembarked” ie, left stranded where you are.
7. If you are deemed to be seriously ill, or a danger to yourself or others, you can be “disembarked” or denied re-boarding privileges and left to fend for yourself in some foreign land.
8. Many ships have foreign registries. Many ships fly under the flag of Norway, or Liberia, or some other country, and the rules of that country’s legal system apply to any action you think you may have against the Cruise Line. If you think traveling to Miami or Los Angeles or Seattle is burdensome, try going to Norway or Liberia.

Because of all of these limitations, very few injury lawyers in Tucson handle Cruise Line Cases, and very few cases are ever brought against Cruise Lines. The Industry operates almost with impunity.

If you want to Cruise, have fun, but proceed at your own risk. If anything happens on the Cruise Ship you will be essentially without a remedy.

When seeking injuries related to a Cruise choose The Rockafellow Law Firm. Our lawyers offer personal attention and proven results. Take the first step and call toll-free at 866-968-2924 or contact us online to schedule your free consultation.

(Portions of the substance of this newsletter were taken from an article written for Trial Magazine authored by attorney Gerry McGill of Florida. Mr. McGill specializes in Admiralty and Maritime Law.)