Cruise companies deny any responsibility for passenger safety during shore excursions. Terms and conditions of cruise tickets typically state that the cruise line is not responsible for excursion “suitability or safety.” However, a 2012 ruling in the U.S. 11th Circuit Court of Appeals stated that cruise companies are obligated to warn passengers about the risk of violent crime on land excursions.
A Cruise Lawsuit Must Be Filed in a Specified Location
Suits against Royal Caribbean, Carnival, Norwegian, and Celebrity have to be filed in Miami. The place where you must file suit has nothing to do with where you live or where a cruise accident or injury takes place. If you plan to file a claim against a cruise company, look for a cruise attorney in Miami, where most U.S. suits against cruse lines must be filed.
Maximum Compensation is $70,000 for Some Cruises
If you are hurt or even killed on a cruise ship that does not leave from, arrive at, or call at any U.S. port, the cruise line limits compensation to around US$70,000 (a figure calculated based on currency exchange rates). This is based on a law from 1974 called the “Athens Convention.”
You Have 6 Months to Notify a Cruise Company You Plan to Sue
If you are hurt on a cruise, you only have six months to provide the cruise company with written notice that you plan a cruise lawsuit. That six month period starts on the date of your injury. Furthermore, you have to file suit within a year from the date of your injury, or else you have no recourse.
Class Action Suits Are Forbidden
There is a clause on most cruise tickets stating passengers may only bring claims against the cruise line in an individual capacity. The victims of the 2012 Costa Concordia disaster off the coast of Italy are learning how complicated it can be to sue a cruise line. Some clauses in cruise terms and conditions are enforceable, and some are not. If you’re hurt on a cruise, you need to contact a cruise attorneyat your first opportunity.