A cruise ship lets you travel in your own little world, entirely within the ship and everything the cruise line offers: bars, spas, casinos, trips to hike and snorkel and more. But what happens when something goes wrong—or worse? If you get injured on a cruise, you may feel isolated and helpless, stuck at sea or on an island far from home, worried for your safety and your future.
Common Cruise Ship Injuries and Accidents
Despite the fun, inviting atmosphere, cruising poses many risks of injury or death. Some of these you can find anywhere, and some are unique to cruise ships. Travelers may face:
- Injuries at swimming pools or other on-board amenities such as spas, waterslides, and rock-climbing walls.
- Illnesses, such as food poisoning from the ship’s restaurants or Legionnaire’s disease from badly maintained water features.
- Physical or sexual assault. Careless alcohol service can spark violence on crowded decks. Poor vetting and security increase the risk of sexual assault.
- Slip-and-fall risks from lack of cleaning or poor design. This can happen on interior floors or on external features, as with the young girl who fell overboard from a Disney ship’s railing in July.
- Injuries during shore excursions, which can include hiking tours, ziplines, and other dangerous activities. A Holland America passenger recently died in a jet ski accident in the Bahamas.
- Medical malpractice – inadequate care at the ship’s clinic may lead to later complications.
Cruise ship crew members have a duty to passengers, and so do the corporations that own and run the cruises. If you are injured because they failed to take reasonable care to create a safe environment, you can hold them accountable and recover compensation for your losses.
But how can you defend your rights – and where?
Cruise Ship Terms and Conditions: What Do They Mean? Call us today at (305) 694-2676 or contact us online for a free case evaluation. Hablamos español. 
To buy your ticket and step on board, you have to accept the cruise line’s contract, which will include terms that dictate how you can make an injury claim. The company’s terms are meant to protect them from consumer claims, no matter how justified they may be. Even so, you’ll need to follow them to preserve your claim.
Cruise ticket contracts usually require you to agree to:
- Providing six months’ notice of a claim. Cruise lines typically require you (or your attorney) to send formal notification of your claim within at least six months of the incident that caused your injury. Unless you send this notice in time, you lose your right to sue.
- A shortened period of time to file your lawsuit. Most cruise ship ticket contracts specify that you have only one year to bring any lawsuit, although shipboard accidents would otherwise have a three-year statute of limitations. See 46 USC § 30106.
- The cruise line’s choice of venue almost always favors them, not you. Most major U.S. cruise lines require passengers to bring lawsuits in the United States District Court for the Southern District of Florida, located in Miami, regardless of where you live or where your cruise departed. That means even if you boarded in New York, California, or Texas, you may still have to file your claim in Miami. This makes it even more important to work with a Florida cruise ship injury lawyer familiar with the courts where these cases are heard.
You usually have to sign liability waivers for recreational cruise activities, especially for shore excursions, and these waivers may be part of the ticket contract. But don’t assume that means you have no claim if your activity leads to an injury. To stand up in court, the waiver must be clear, unambiguous, unequivocal, and specific in its terms, and it cannot be against public policy. Speak to an attorney about any possible claim, even if you signed a waiver.
Can You Sue a Cruise Ship Line for Your Injuries?
Yes, you can sue a cruise line if you have suffered an injury. However, you have to prove to the court that the cruise line was negligent. You must show that:
- The cruise line had a duty of care towards its passengers, requiring it to provide a safe environment and adequate medical care.
- They breached that duty of care, whether through neglect of the ship, poor security practices, or other failures.
- This breach was the cause of your injury, which resulted in…
- Damages: measurable harm–such as medical bills, loss of wages, or disability–as well as pain and suffering.
In personal injury law, these four points are called the elements of negligence, and when a plaintiff can prove them, the defendant will owe them damages.
To take one example, suppose a cruise ship bar has a sticky, slippery floor. A passenger slips and falls, breaking her hip. This injury came about because the crew failed to keep the floor clean and dry, despite their awareness that this could happen. Thus, the customer will have a claim against the cruise line for their negligence. (If the injury happened during recreational activities with an “independent contractor,” the cruise line can try to avoid liability that way, but it will not always work.)
How Much Compensation Can You Expect?
This will depend on the circumstances of your injury or illness, including any responsibility you might have had.
Because cruise ship injuries fall under maritime law, a different rule applies: pure comparative negligence. This means even if you were partly at fault, you can still recover compensation. A plaintiff’s damage award will be reduced if they were partly responsible for the incident. However, the defendant will still have to pay their share of damages if they were at all responsible. See US v. Reliable Transfer Co., Inc., 421 U.S. 397 (1975); Kermarec v. Compagnie Générale Transatlantique, 358 U.S. 625 (1959).
For example, if a jury determined that a plaintiff injured on a waterslide was careless enough to be responsible for 25% of their accident, then the plaintiff could claim 75% of their damages. Even if the plaintiff was 95% responsible, the defendant would theoretically still owe them 5% of their damages.
Who determines these percentage numbers? By law, it’s a jury’s job to allocate fault, following the trial. But most personal injury cases never go to court. Insurance adjusters and investigators review the accident site, collect the evidence, and create a report stating the percentage of damages. Cruise lines have the further advantage of owning and controlling the site of accidents onboard; they can send their own investigators and hire experts to create reports.
But these investigations do not have the force of law. An experienced plaintiff’s lawyer understands how to investigate an accident scene and determine a percentage of fault that reflects the truth.
Should You Accept a Cruise Ship Settlement Offer?
Before you accept any settlement, it’s vitally important to talk to a cruise injury attorney. The cruise line, like any defendant in a personal injury case, will use its report to deny claims. If it can’t, it will at least encourage claimants to settle for far less than their claims are worth. They may even offer a small settlement right away.
Settlements may provide some financial relief, but they also require you to give up any future claims arising from the incident. Many injuries lead to medical complications months or even years after the fact. Accepting a settlement can cut off your rights to compensation for further medical expenses. It’s in your best interest to ensure you are being compensated for the full value of your claim rather than accepting pennies on the dollar.
How Can a Maritime Injury Lawyer Help?
Your choice of attorney is crucial. When the cruise ticket contract chooses Florida as a venue, you’ll need a Florida cruise ship injury lawyer who understands what to expect from local courts. An experienced cruise ship maritime injury lawyer knows how to:
- Navigate maritime law. Most personal injury lawyers never handle maritime cases, but a lawyer who often works with cruise ship accident victims will be familiar with what maritime law requires.
- Challenge liability waivers for your cruise or shore excursion. Even if you signed a waiver for yourself or for your child, it may not hold up in court. Your attorney will review the language and the circumstances carefully in order to defend your rights.
- Gather critical evidence from the accident and the cruise line. Proof of negligence is the key to your case, and it’s essential to move fast in investigating accident scenes—especially when the accident site is always traveling and under the cruise line’s control. A cruise ship attorney understands how to secure surveillance footage, find eyewitnesses, and review essential records, such as maintenance logs.
- Accurately value your claim for damages. It’s hard to put a price on what you’ve lost, but a skilled legal team can help you create a record by gathering your medical bills, rehabilitation expenses, proof of lost wages or income, and evidence of your pain and suffering. With this, your attorney can make sure that you get everything you’re owed, including future expenses that arise from your injury.
Your Cruise Ship Counsel in Miami Get started with your complimentary case evaluation today; call us at (305) 694-2676 or reach us online using our secure contact form. 
You don’t have to face this alone — we’re here to help. If you or your loved one have been injured on a cruise ship or shore excursion, we want to hear from you.
As a Miami cruise ship lawyer with years of experience in Florida law, I’ve built a team to work with you, defend you, and get you the compensation you deserve. Call us at 305-694-2676 today or fill out our contact form to set up your free, no-obligation case review.