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A cruise typically promises excitement, adventure, and breathtaking views. This is a chance to unwind, see new places, and enjoy world-class amenities. But it may come with risks. Slippery decks, crowded areas of the ship that can create an environment where illnesses will spread, poorly maintained equipment, and limited access to medical care can quickly turn this dream vacation into a nightmare. Unfortunately, cruise ships often present as many hazards as they do opportunities for enjoyment, leaving their passengers vulnerable to unexpected injury.
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If you were injured on a cruise ship, the experienced attorneys at Armstrong Lee & Baker LLP can help you get the legal and financial help you need. With tens of millions secured for personal injury victims, we are dedicated to protecting your rights and fighting relentlessly on your behalf. Let us handle the complexities of your case so you can focus on what truly matters—your recovery and well-being.
In general, a cruise ship is a common carrier, and it owes its passengers a high degree of care, which means its employees and agents need to be very prudent, cautious, and competent when providing services. Everyone from the ship manufacturer to the captain, the engineers, the chefs, the doctors, and the stewards must avoid negligence when doing their part on the cruise ship. If a cruise ship you were on failed to meet its high degree of care and that failure resulted in your injury and financial damages, you might have a right to sue.
There are multiple ways an individual can suffer a cruise ship passenger injury, and some common causes of cruise ship injuries include:
The above-listed circumstances could mean broken bones, respiratory illness, food poisoning, infectious disease, a traumatic brain injury, or a slew of other chronic or acute conditions. If your health has changed in any way since traveling on a cruise ship, speak to one of our cruise ship injury lawyers right away so that we can determine whether you have a right to compensation.
If you were harmed onboard, you might have a cruise ship injury case and wish to pursue compensation. Follow these essential steps to ensure your claim is strong and valid:
Your health should be your priority; seek immediate medical attention either from the ship’s medical personnel or a hospital at the next port. Timely treatment tends to address your injuries and, importantly, enhance your case with vital documentation. Delays could weaken your claim because the cruise line will suggest your injuries weren’t that serious. Keep all records from your medical treatment since these are crucial evidence showing diagnosis and treatment costs.
This means filing a report with the ship’s authorities. The cruise lines keep records of on-board accidents, and these reports more often than not become the pivotal evidence in court or settlement negotiations. Be sure the details are as accurate and complete as possible, as inconsistencies could weaken your case.
Request a copy of this report, for your records. In that manner, your copy cannot be tampered with or altered later in the process by the cruise line.
A strong claim requires clear evidence. Take photos of the scene of the accident, your injuries, and any hazardous conditions that have caused the incident. Collect video evidence if possible; most cruise lines have cameras installed in public places, which your attorney can request if such footage shows the lead-up to your injury. And gather witness information, such as names and contact details. Their statements can support your account, particularly in case the cruise line contests your version of how things happened.
Maritime law is very specialized, and cases of cruise ship accidents fall into a category with unique rules. Only an experienced lawyer who knows the legal environment in Houston can advise on complicated regulations and contest the well-armed legal team of the cruise line. They also can help interpret for you the terms of your cruise ticket contract, which usually contains certain restrictions or deadlines.
Many cruise ship accident attorneys in Houston have experience with claims involving passengers embarking from Galveston port, one of the busiest cruise ports in Texas. This regional expertise can be invaluable in navigating local nuances.
Cruise lines often impose short deadlines for filing claims. Most require written notice within six months and lawsuits within one year of the injury. Missing these deadlines can forfeit your right to compensation, even if your case is strong. Always review the fine print of your ticket and consult a lawyer to ensure compliance.
Remember that these are much shorter deadlines than apply to regular personal injury cases in Texas, which has a general statute of limitations of two years.
Maritime law categorizes cruise lines as common carriers, which owe a high duty of care for the safety of passengers. In contrast, cruise lines use complicated clauses in the passenger contract to limit their liability. These are the kinds of defenses that an experienced attorney would find and challenge on your behalf to make sure you get a fair shot at recovering damages.
For instance, cruise lines may use “forum-selection clauses” requiring that lawsuits be filed in particular jurisdictions, such as Florida. Your attorney will work through these legal challenges and prepare the case on your behalf.
There are several types of financial compensation you can obtain in a Texas cruise ship passenger injury case, such as the following:
Proving that you have a right to these damages could require multiple hours of work, gathering and analyzing medical records, receipts, invoices, employment information, etc. At Armstrong Lee & Baker, our skilled and diligent attorneys work around the clock to uncover every compensable loss and maximize our clients’ recoveries.
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Your ability to sue a cruise ship business in Texas depends on your circumstances. Cruise ships stop at so many ports and are also in international waters, so when you endure a personal injury on a cruise ship, jurisdiction for a lawsuit can be tricky to determine. After receiving medical attention for your injuries, one of the first things you want to do in the aftermath of suffering harm on a cruise ship is to check the agreement between you and the cruise ship business.
Your agreement likely has a clause that states you must bring your legal actions in a particular state and according to a particular state’s laws. Sometimes that state is Texas, and sometimes it isn’t. If you are a Texas resident and your cruise agreement dictates that you initiate your case in another state, you will likely have to sue in that state.
If there is no provision in your cruise agreement that requires you to sue in another state and the cruise ship business is not a Texas-based business, Texas’s long-arm jurisdiction laws could give you the right to sue in Texas. Under the state’s long-arm law, a plaintiff can sue in Texas under the following circumstances:
Given the large workforce needed to run a cruise ship and the several tasks a cruise ship business must perform at each port, you may be able to establish jurisdiction in Texas for your cruise ship personal injury case. We can review your cruise paperwork and the circumstances of your case to help you bring your suit in the most convenient forum possible.
A number of tragic cruise incidents have raised several questions about the risks faced by passengers while voyaging in the ocean. Here’s a look at some of the worst accidents in recent times:
This was a tragic accident off the Italian coast in which the ship ran onto a reef and then keeled over. In all, 32 lives were lost and several survivors were injured in the mayhem that marked the evacuation. The incident emphasized the need for following international rules on safety.
The Costa Concordia incident also brought into the limelight the legal complexities of injury cases on cruise ships. Many passengers faced challenges in seeking compensation due to disputes over jurisdiction and conflicting interpretations of maritime law.
Off-course near Nantucket Island because of a failure in the ship’s autopilot system, it ran ashore. No one was killed, but the accident focused attention on the fallibility of technology left to its own devices.
A huge wave lashed upon the ship, injuring a few passengers and crew members. Rare though such a natural occurrence is, it once more underlines the necessity for strong safety measures and staff training to cope with any emergency.
After the “poop cruise, this Carnival cruise ship suffered from an engine room fire and floated disabled in the Gulf of Mexico. More than 4,000 passengers suffered through days with nonoperating toilets, running water, or air conditioning that made for unsanitary conditions and health hazards.
This South Korean ferry disaster, although not a cruise ship, killed over 300 people, most of them students. Investigations into the sinking showed severe safety lapses and inadequate emergency response protocols.
While these disasters may seem a world away from the average passenger’s experience, they put into perspective the dangers of sea travel and how understanding your rights is important if something were to go wrong.
The amount you may be entitled to for a cruise ship accident depends on the severity of your injuries and other factors specific to the incident. Consulting with a cruise ship injury lawyer can help determine the full extent of your legal options and the compensation you deserve.
The damages recoverable in cruise ship injury cases include medical expenses, lost wages, pain and suffering, and punitive damages in rare cases. Medical expenses include all hospital bills, medicines, rehabilitation, and future medical care. Lost wages cover income lost while recovering from an injury; diminished earning capacity may also be compensable. Pain and suffering: this covers physical and emotional distress caused by the injury. Punitive damages can be levied on the cruise line, though rare, in cases of gross negligence.
Various factors determine the outcome of such claims. The severity of the injury, especially if permanent disability results, is a major factor. The percentage of negligence attributed to the cruise line is another important factor, as is the availability of evidence, including medical records and witness statements.
Settlement amounts can vary widely. Minor injuries may settle in the low thousands of dollars range, while serious injuries due to clear negligence could net six- or seven-figure payouts.
When valuing your case, several additional factors may come into play. One such factor is comparative negligence; if you are deemed partially responsible for your injury, the amount of compensation you receive could be reduced. Another consideration is the specific clauses outlined in your ticket contract, as some tickets include limitations on the cruise line’s liability or mandate that claims be filed in a designated jurisdiction.
Consultation with an experienced maritime attorney can help you realize the value of your case for appropriate compensation. Legal counsel secures the consideration of all factors in negotiating or litigating your claim.
This comprehensive approach ensures that injured passengers are not shortchanged in their pursuit of justice and financial recovery.
Getting hurt while you are on vacation can be one of the worst experiences. If you suffered an injury on a cruise ship, our cruise ship injury attorneys can provide you with the best representation. Our attorneys are at the top in multiple ways: top honors in school, top advocates recognized by the legal community, top awards for our clients, and top-notch work for our clients. Our clients come first, and we meet each client with compassion, which is so important when someone is dealing with the fallout of a negligently or intentionally inflicted injury. With our compassion comes an unparalleled work ethic and extensive experience and skill in personal injury law. We are here to take care of you, and we don’t charge for our services unless we win your case. So, reach out to us if you need the guidance and protection of a good maritime law attorney. You can contact us online or call us for a consultation.
C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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