Blog

The Shipping Act of 1984 states that cruise ships that originate from U.S. ports are deemed to be common carriers and owe passengers the highest duty of care. They must act with the most reasonable skill and diligence to make sure the passengers arrive at their destination, and return home, safely. If you were hurt while on a cruise, it is crucial that you speak to a NYC cruise ship injury attorney that can help you collect the rightful compensation you need to recover from your injuries.

Laws that Govern Cruise Ship Accidents

The laws that govern lawsuits involving cruise ship injuries are different from those that govern other personal injury accidents that happen on land in New York City. This is largely due to the fact that cruise ships registered in the United States are also registered in other countries, such as Bermuda and Panama.

Due to the fact that cruise ships operate in so many countries, lawsuits involving cruise ships are usually governed by maritime law. Any time an accident occurs on international waters, they are governed by maritime law. Under maritime law, any time a passenger is injured on a cruise ship, the cruise ship operator may be held liable. However, passengers can only hold them liable if the cruise ship operator knew, or should have known, about the dangerous hazard.

Determining If a Cruise Line was Negligent

When a cruise line knows of a foreseeable danger and they fail to correct it, they can be held liable for any accident resulting in injury. Not only can cruise ship operators and owners be held liable, but cruise ship employees can also be liable. Any time someone associated with the cruise ship fails to correct a hazardous condition, they can be held liable for their negligent actions.

Common Types of Cruise Ship Accidents that Cause Injury

Any type of accident can occur on a cruise ship. However, the most common of these include:

• Slip and falls: Cruise ships must be maintained and cleaned regularly to prevent a slip, trip, or fall accident from occurring. Cruise ships often have many pools, showers, and hot tubs on board, as well, which increases the chances of these accidents occurring. Wet floors and decks can certainly result in a slip and fall accident, but so can faulty steps, ripped or torn carpets, and inadequate lighting.
• Collisions and groundings: If a cruise ship collides with another vessel, or becomes grounded while it is in the water, it can result in some of the most serious injuries and perhaps even wrongful death. Cruise ship operators and owners, as well as staff members, are not always liable for these accidents, so it is crucial to work with an NYC cruise ship injury attorney who can determine liability after these accidents.
• Fires: It is not uncommon for cruise ships to experience fires onboard, and they can have catastrophic results for passengers. Fires on a cruise ship can cause injuries such as smoke inhalation, burns, dehydration, heat stroke, and more.
• Sexual assaults: Sadly, sexual assault occurs on cruise ships more often than people think, and other passengers or staff members can be the perpetrators of it. Cruise operators are responsible for ensuring their passengers are always safe, which includes protecting them from injuries inflicted by employees or others.

Not all accidents on cruise ships are avoidable, but most accidents can be prevented. When a preventable accident occurs, the negligent party can be held liable for paying damages.

How Do Claims Involving Cruise Ships Work?

When you purchase a cruise ship ticket, you are essentially entering into a legal contract. The cruise ship ticket includes details about the liability of the cruise ship owner and operator, how to file a lawsuit, and the location where the lawsuit can be filed. This information is usually printed in small print on the back of the ticket. If you need to file a lawsuit to recover damages for injuries sustained during an accident, you will usually have to file a lawsuit in the location the ship is based. For most cruise ship lines, this is Florida.

Your cruise ship ticket will also indicate how long you have to file your lawsuit. Although the statute of limitations on most personal injury claims in New York City is three years from the date of the accident, this time limit is usually much shorter when a cruise ship is involved. Generally speaking, you must file a lawsuit usually within 12 months of the accident.

Filing a lawsuit against a cruise ship owner or operator is complex, but that should not discourage you from seeking the compensation you deserve. A NYC cruise ship injury attorney can also advise on the challenges you may face, and how to overcome them.

Cruise Lines Involved in Lawsuits

There are many different cruise ships that can be involved in a lawsuit. Our skilled attorneys can represent you when filing a claim against the following companies:

• Princess Cruises
• Carnival
• Holland America Line
• Crystal Cruises
• Norwegian Cruise Line
• Cunard
• Silversea
• Regent Seven Seas Cruises
• Oceania Cruises
• MSC Cruises

Every lawsuit involving an injury sustained on a cruise ship is unique, and your case will depend on several factors. The cruise ship line you were hurt on is one such factor, as is the liability clause on the ticket, the country the cruise line is based in, and the ship’s location at the time of the accident.

Our Cruise Ship Injury Attorney in NYC Can Help with Your Claim

If you have been hurt while on a cruise ship, you have the same right to file a claim for compensation just as if you had been hurt anywhere else. However, you should not file a claim on your own.  At Silberstein, Awad & Miklos, P.C., our NYC cruise ship injury attorney can help you navigate the claims process and ensure you get the fair settlement you deserve. Call us today at 1-877-ASK4SAM or contact us online to schedule a free consultation.