Ultimate Guide To Cruise Ship Common Carrier Liability

Holidays, retirement, divorces, and gay vacations happen in significant port cities worldwide to or from a foreign port. Cruise ships offer a lot of things to a lot of people who depart for a plethora of reasons. But to many victims of cruise ship neglect, all they offer is a raw deal, including violent illnesses and wrongful death. That’s not the luggage you bargained for under the contractual language, so you thought.

Imagine you’re on the holiday of a lifetime, cruising the open seas on a Norwegian Cruise line ship, visiting exotic destinations, dining in style, and engaging in thrilling activities. Unfortunately, many travelers fail to realize that certain basic legal protections under state law diminish once they board a cruise ship.

Nonetheless, through the lens of maritime law, if cruise line companies don’t uphold reasonable safety and security measures leading to a sexual assault, they can be held legally accountable. Cruise lines carry a strict liability when it comes to intentional acts or gross negligence at sea.

No Safe Passage? What Next Under General Maritime Law?

But what happens if those sunny skies and calm waters become a storm of personal injury cases caused by a risk-creating condition aboard? What if an unfortunate accident (even nonphysical injury claims) disrupts your perfect cruise ship vacation? Compensatory damages come to mind.

But who do you know with experience in cruise ship litigation who can go after a cruise ship acting with willful intent to hurt you? Did you even know there is contractual language limiting the legal rights of passengers and limiting the ship’s liability? Does anyone understand injured passenger claims or a forum selection clause, for that matter? Or do you know the typical one-year or three-year statute of limitations may not apply? (6-month contractual provision, according to the passenger ticket)?

The emotional distress alone is enough to drive a cruise victim crazy. An injured passenger’s ability to prosecute a sexual assault or wrongful death is probably a dream come true for the negligent cruise lines in international waters. Like on land, many accidents and injuries can occur on cruise ships, sometimes leading to drastic consequences. Moreover, these cruise ship incidents come with a complex web of legal matters encircling the liability of common carriers.

To help cruise passengers navigate these murky waters, this guide will shed light on the intricacies of cruise ship accidents and the legal obligations of common carriers (cruise lines) to offer a reasonable standard of care in minor and major port cities. 

This is the bare minimum a cruise shipowner owes passengers. I am Galveston, Texas, Los Angeles, California cruise ship lawyer Michael Ehline. I will discuss the rights and remedies, most jurisdictional issues, and why cruise ships are so keen to disclaim liability at the drop of a hat. (Athens Convention, time limitations, etc.)

Knowledge, after all, is power, and understanding these laws could potentially save you a significant amount of stress, time, and money if an accident happens. Lanmark decisions should be the rule, not the exception. Cruise operators should protect passengers above all else.

And let’s not forget, knowing your rights and being prepared is always an excellent first line of defense for injured passengers against a cruise ship provider before federal court.

• What is the legal definition of common carriers?
• What responsibilities do these carriers hold towards their passengers under admiralty law?
• What kind of accidents or incidents can occur on cruise ships?
• How does a person demonstrate negligence on the part of a cruise operator?
• What role does your cruise ticket play in legal proceedings and the cruise industry generally?

So, fasten your life jackets and prepare to set sail into the world of cruise ship laws and regulations!

Now, let’s dive deeper to understand the legal implications of a cruise ship operator’s responsibility. Just as pilots are responsible for the safety of their passengers in the air, in much the same way, cruise lines are obligated to ensure your safety on the water. But how does this work practically when fighting a belligerent cruise line backed by billions in foreign money interests? What if you lost a loved one due to a wrongful death, and your legitimate claims are being ignored? You call ICVLA, that’s what.

What is the Legal Definition of a Cruise Ship Common Carrier?

To explore common carrier law, it is essential to start with its precise definition. A common carrier refers to a business that offers transport services to the public under the regularity of licenses or authorizations granted by regulatory bodies. 

Examples of common carriers include travel services, train systems, airlines, taxi services, and, in our context, cruise ships. All tour operators, not just those on ocean voyages, can be held liable. Notably, these carriers do not operate on an ad-hoc or spontaneous basis; they are used under a set schedule and charge fixed fees for their services, local or foreign ports. 

A List of Major Cruise Lines Who Are Common Carriers

• Carnival Cruise Lines
• Royal Caribbean International
• Norwegian Cruise Lines (NCL)
• MSC Cruises
• Disney Cruise Line
• Princess Cruises
• Holland America Line
• Celebrity Cruises
• Costa Cruises
• AIDA Cruises
• Viking Ocean Cruises
• Cunard Line
• Oceania Cruises
• Regent Seven Seas Cruises
• Azamara
• Windstar Cruises
• Crystal Cruises
• Seabourn Cruise Line
• P&O Cruises
• Hurtigruten
• Silversea Cruises
• Pullmantur Cruises
• Fred. Olsen Cruise Lines
• Marella Cruises.

Remember that this list may not include every cruise line, and there are also regional or specialty cruise lines that cater to specific markets or interests. Also, keep in mind that a passage contract can ruin you. For example, Royal Caribbean’s venue cause requires all disputes. It matters to be prosecuted in the United States District Court for the Southern District of Florida, which is located in Miami-Dade County, Florida. So, if injured travelers hire a lawyer without experience, the only case you will have is for legal malpractice harm after they blow your case as jurisdictional issues arise.

Responsibilities of Common Carriers Running Cruise Lines 

Cruise liners shoulder a significant responsibility as a common carrier under their contracts and good old-fashioned maritime law. They owe their passengers a “duty of care,” essentially a legal obligation to ensure passenger safety. This highlights the role of the common carrier in providing a safe environment for their passengers while avoiding cruise ship liability when a cruise line fails to act with due care in running their itinerary. The duty of the ship owner and the captain doesn’t just because you or a loved one decides to disembark on a cruise ship shore excursion,

If a passenger suffers an injury aboard a cruise liner, that passenger may claim against the cruise liner. However, the passenger must establish that the cruise operator either had knowledge of the unsafe condition or created the hazardous condition leading to the injury. And the passenger should not count on the cruise liner company to investigate either. They will more likely be trying to mitigate and cover up deaths or rapes since it’s bad for business.

This obligation is underpinned by maritime law, which requires the vessel’s operator to maintain reasonable safety standards. Demonstrating negligence on the operator’s part often involves gathering witness testimonies and providing evidence of the operator’s failure to uphold these standards. 

Navigating the Waters of Negligence 

Establishing negligence in cruise ship accidents relies heavily on the concept of a “reasonably careful ship operator.” The law acknowledges that cruise ship operators can’t foresee every possible hazardous condition and only hold them liable for hazards they should reasonably have been aware of or directly created. 

Successfully proving negligence requires the injured party to identify witnesses, utilize expert testimony, and provide sufficient evidence of the operator’s negligence. The injured party must convincingly demonstrate that the operator should have known about the dangerous condition that resulted in the injury or that the operator directly contributed to this condition. 

Imagine you are on a cruise and, unluckily, trip over a loose bit of carpeting, injuring yourself. If you want to take the cruise liner to court, you will need to prove negligence on their part. They knew the carpet was loose and did nothing about it, or they should have known it was open. You might be thinking, “That sounds pretty tricky to prove.” You are right! It’s in such intricate facets of law that a knowledgeable maritime attorney proves invaluable. 

The law generally understands that it’s impossible to anticipate every possible hazard on their cruise ships. A freak wave could knock many passengers over or a sudden wind blowing a deck chair into someone. The question is, is it realistic to expect the cruise operator to have foreseen that specific danger? These are the issues your lawyer will need to wrestle with thoroughly to ensure a successful outcome for your case. 

And if you hire the right cruise ship lawyer, they won’t collect attorney’s fees unless your case is completed with a victory lap. Most ICVLA lawyers offer a free consultation to help injured passengers understand their rights under maritime travel law provisions. The same goes with an injured crew member. So we don’t just protect passengers; we can even help with nonphysical injury claims aboard a cruise liner.

What kind of accidents or incidents can occur on cruise ships?

Just like any form of transport or locations with an influx of people, accidents can and do occur on cruise ships. These unfortunate incidents may range from simple and minor to severe, with devastating outcomes. Understanding the potential accidents on a cruise ship can prepare you better as a passenger and may help mitigate their occurrence. 

Slips, Trips, and Falls 

The most common types of accidents on cruise ships involve slips, trips, and falls. These can occur for various reasons, such as wet decks, loose carpeting, uneven stair steps, or poorly lit walkways. Serious injuries can ensue, including broken bones, concussions, and even spinal injuries. Injured passengers will typically see the ship’s doctor, and often they will commit medical malpractice. At all, who signs their check? Not you. Passenger tickets contain no provisions alleging your doctor won’t try and protect the cruise lines over the injured party.

Recreational Activity Accidents 

With the vast array of recreational activities available on most cruise ships, this is another prime area for potential accidents on a cruise ship sailing at sea. Trampolining, rock climbing, swimming, surfing simulators – injuries can arise from careless use or lack of suitable safety measures, even when not aboard the cruise ship, such as on a shore excursion. 

Food Poisoning and Illness 

In a closed environment, illnesses can spread quickly on a cruise ship. Food poisoning is also a risk, especially if food is not stored correctly or prepared aboard the cruise ship. Expected outcomes may involve nausea, vomiting, diarrhea, and other gastrointestinal problems. Cruise operators can end up losing in federal court assuming their passenger hires the right lawyer.

Accidents during Shore Excursions 

Cruise ship accidents can occur whenever a cruise liner docks and passengers explore the local area. From vehicle collisions during transits to injuries sustained during activities such as scuba diving, cruise ship accidents during shore excursions can land you in unfamiliar territory in terms of both location and law. 

Fires and Mechanical Failures 

While less common, fires and mechanical failures happen and may lead to severe injuries or even loss of life. These cruise ship accidents can result from many factors, such as equipment malfunction or human error. 

These outlined incidents signify the importance of the risks, careful operators, and understanding of the cruise selection. Remember to consult with ICVLA should you become a casualty of a cruise ship accident. Our dedicated team is always ready to provide guidance and support and explore your legal options in cruise ship accidents.

The Role of Witnesses and Expert Witnesses in Your Case

As you embark on the legal journey to seek justice for the accident you’ve suffered on a cruise ship, you’re far from sailing these seas alone. Affirming your side of the story, especially in intricate cases involving negligence, may necessitate the help of others at the accident scene. These people can provide crucial evidence to strengthen your cruise ship accident claim. 

The Power of Witness Testimony 

Witnesses can play a critical role in maritime accident cases. Whether they are fellow passengers, crew members, or even staff at a port of call, their testimony can help corroborate your account of the incident. These individuals may have seen the cruise ship accident, can verify the conditions that contributed to the incident, or can substantiate your actions before, during, and after the event. Such direct observations can be powerful tools when trying to demonstrate negligence on the part of the cruise operators. 

Strength in Expert Insight 

Every case isn’t as cut and dry as it might look. Here is where expert witnesses can bring invaluable expertise to your claim. Unlike lay witnesses who provide testimony based on their observation, expert witnesses are professionals who can offer technical or specialized insight into the incident. They bring a wealth of knowledge in their respective fields, such as maritime safety regulations, ship engineering, medical sciences, or similar to your cruise ship accident case. 

For instance, an expert in maritime safety could help ascertain if the cruise operator breached any safety protocols. In contrast, a medical expert could testify about your injuries, their severity, and any ongoing health implications. Their analysis and testimonies could determine the severity of your injuries and the overlooked preventive measures on the cruise ship. 

The Crucial Balance of Witness Types 

Both witness testimonies and expert insights are crucial aspects of accident cases on cruise ships. They offer a blend of personal observations and professional evaluations, proving that a cruise operator failed to exercise the required duty of care. Gathering and effectively presenting this information is where a knowledgeable maritime attorney with expertise in the complexities of marine law becomes your indispensable ally against a negligent cruise line. 

Anyone involved in a cruise ship accident must collect witness testimonies immediately and connect swiftly with a maritime lawyer. The sooner you set this in motion, the better your chances of compiling a robust case. If navigating this complex process, remember that the ICVLA is a lasting beacon of support, information, and legal wisdom in cruise ship accidents.

Understanding the Statute of Limitations for Personal Injury Claims

Before we delve into the nuances of the statute of limitations, you must understand what the term means. In simple terms, the statute of limitations is a certain length of time during which you, the injured party, can file a lawsuit. Once this period has expired, the law typically prevents you from pursuing legal action against a cruise line. 

Isn’t the Passage Contract Unfair?

No. Suppose a cruise line has previously informed a passenger that lawsuits must be filed in a federal court, and it would not overlook any ticket provisions. In that case, the doctrine of equitable estoppel is likely not applicable. That’s because, under these stated conditions, the passenger wouldn’t reasonably assume that the carrier would ignore the federal forum selection clause. Landmark decisions like this have prevented many victims from suing a cruise line in state court. (favored by cruise ship litigation plaintiffs.)

Ticking Clock: Cruise Line Statute of Limitations 

Although general maritime law suggests a three-year time frame for filing personal injury claims, it’s worth noting that the actual duration may be significantly shortened by specific clauses in your ticket contract. There’s a high chance that your ticket will stipulate a shorter period—often a year—within which you must register your claim for damages after the incident. But you must make a written claim with the cruise ship first, and within six months of the injury. Thus, knowing what’s inscribed on your ticket could make all the difference in whether or not you get the compensation you deserve from the cruise line. 

It’s All in The Fine Print 

At first glance, your cruise ticket might appear as a means to secure your vacation aboard the ship. However, it’s much more than that. These vessels tie you down with a binding, legal contract. It outlines your rights as a passenger and lays down the terms and conditions that govern your stay on the ship. Most crucially, it contains essential information regarding the statute of limitations, specifying who can be sued and in which jurisdiction the lawsuit can be initiated. Even their injured employees on the cruise ship have fewer rights than their land-based counterparts.

Reading and understanding the fine print on your cruise ship ticket is not just prudent—it’s necessary. Don’t even waste your time looking for a cruise ship lawyer until you locate and read your physical contracts. Hiring a lawyer is a form of security, but they can’t offer any protection unless your cruise line claim is brought properly under the course and scope of your carriage agreement.

Wind Up the Clock: Acting Swiftly 

Remember, time is of the essence when it comes to personal injury claims against a wealthy cruise line. Maintain records of any witnesses, take photographs if possible, and seek immediate medical attention. Your prompt action and expert advice from providers like ICVLA ensure your best chance of receiving due compensation. Note that evidence collected and actions taken soon after the accident can significantly impact the success of your lawsuit.

The same goes for an injured crew member. Your future is tied to the steps you take under the relevant contract provision for your cruise. Even if safety procedures were violated, you must act swiftly or waive your rights and remedies, including a shot at damages and attorneys fees.

Remember: Cruise Tickets Are The Contract 

You may not realize this, but when you book that dream cruise vacation, you enter into a legal contract with the cruise line. Yes, that ticket you received is more than just your pass to a fun-filled vacation; it dictates the terms of your relationship with the cruise line. 

Often, the ticket specifies the timelines within which any claims against the cruise line need to be filed following the incident in question. Standard maritime law stipulates a three-year time frame to bring forward a personal injury claim. However, your ticket may contain clauses that potentially shorten this to just one year – so be vigilant and check those details. Cruise tickets also contain forum selection clauses contained in the contract forcing you to sue or bring an action, often far away from where you live.

If you’ve recently faced a misfortunate event on your cruise vacation, you must familiarize yourself with preventative security measures and these aspects of the law. At ICVLA, we pride ourselves on championing victims’ rights and providing them with expert information and guidance against most cruise lines trying to screw them on shore excursions or while aboard the vessel.

Don’t hesitate to seek our help if needed, and remember to stay safe and informed during your adventures at sea. If a cruise line fails to exercise reasonable care and an accident occurs leaving a bodily injury, our cruise law experts can help.

Contact ICVLA: Your Resource for Expert Information and Support

Experiencing an accident during a cruise vacation can indeed be distressing, and seeking justice can feel like an arduous task. You don’t have to shoulder this burden alone because the International Cruise Victims Legal Association (ICVLA) is ready to provide you with all the necessary support and expert information. 

Alliance with Experienced Maritime Attorneys 

ICVLA provides information and an alliance with seasoned maritime attorneys ready to guide you through bureaucracies and legal speak governed under treaties, special laws, and ticket contracts. A visit to the ICVLA website will arm you with dozens of resources and the contact information of maritime attorneys specializing in cases involving negligent and reckless cruise ships. Our proven advocates are in a city near you to help entitled victims get what they deserve for any violation of their rights, even crimes.

Empowerment through Knowledge

Cruise-goers, remember that knowledge is power. The more you know, the more protected you are and the better equipped you are to navigate the complex waters of maritime law. Ensuring you are fully informed about the obligations and liabilities of common carriers is a decisive step in protecting your rights and seeking redress should an unfortunate situation arise at sea. 

Understand the responsibilities that cruise operators have towards their passengers on cruise ships. They owe it to you to maintain and operate their boats in a manner that ensures your safety during the voyage. This is a high level of care, above what might be expected in other areas of law. 

You put yourself at an advantage by understanding the considerations that play into proving negligence. This is key because establishing negligence is a critical factor in onboard accidents. If you can demonstrate that the cruise operators should have known or did know about an unsafe condition or perhaps even had a hand in creating it, they may be liable for damages. 

The importance of your ticket also can’t be overstated. Beyond granting you access to the cruise, your ticket serves as your legal contract. It sets forth the terms and conditions of your agreement with the cruise line, including where claims must be filed and the time frame in which you can file a lawsuit. Knowledge of this helps you to eliminate any unnecessary hurdles that might present themselves in the legal process. 

Precious as this information is, we don’t expect you to navigate the legal complexities alone. At ICVLA, we stand at the ready to assist you. Our legion of maritime attorneys understands the intricacies of maritime law and is equipped to handle cruise line accidents and related personal injury claims. Feel encouraged to reach out to us for assistance regardless of what the boarding tickets say. 

Alliance with Experienced Maritime Attorneys 

At ICVLA, we are champions of victims’ rights against Carnival Cruise Lines, Princess Cruises, Royal Caribbean Cruises, and their independent contractors. Our dedicated team stands by to review the circumstances surrounding maritime travel in your case today. Bring your cruise contract, and we will. Our expert maritime attorneys can answer your questions, help determine if negligence occurred, and guide you through legal claims and lawsuits. If you, your child, or even your husband were raped in a spa or encountered a problem on a shore excursion, we are ready to face any surprises in pursuit of total victory.

Finally, with us by your side, know you are not alone in this journey. We are ready to help any passenger injured in all types of cruise line cases, even those involving criminal acts, especially sexual assaults. Even if you don’t want to recover compensation, we are ready to make a political stand to strengthen passenger rights as we pursue justice in European and domestic courts and ports! Call ICVLA today at 855-AL-ICVLA for help fighting cruise ships and cruise lines across the world, South Florida, and other American courts.

Sources and Case Law Provisions:

• Carnival Cruise, Inc. v. Shute (1991) 499 U.S. 585.
• Cismaru v. Radisson Seven Seas Cruise, Inc. (Tex. App. Jan. 2, 2001) No. Civ. A. 07-00-00100-CV, 2001 WL 6546, at *1.
• Ward v. Cross Sound Ferry (2d Cir. 2001) 273 F.3d 520, 525.
• Klinghoffer v. S.N.C. Achille Lauro (S.D.N.Y. 1992) 795 F. Supp. 112, 115.
• Benson v. Norwegian Cruise Line Ltd. (Fla. Ct. App. 2003) 859 So.2d 1213