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Passengers and crew members who suffer injuries on cruise ships can often recover compensation through lawsuits against the cruise lines. However, seeking compensation as a passenger or crew member on a cruise ship isn’t the same as seeking compensation for an injury on U.S. soil.
It’s essential that individuals injured on cruise ships understand their rights and how being on a cruise ship can impact their legal claims. For example, crew members don’t have access to traditional workers’ compensation claims, and passengers must meet strict deadlines to recover compensation.
Louis A. Vucci P.A. specializes in representing injured cruise ship passengers and crew members. Contact (786) 375-0344 for a free consultation with our cruise ship accident lawyers in Port Canaveral. We’ll review your case, explain your legal options, and help you understand the complexities of lawsuits filed against cruise lines.
If you suffered an injury on a cruise based out of Port Canaveral, Florida, as a passenger, there are three key items you need to be aware of. You should know what the fine print of your ticket says, the timeline for reporting your injury and filing your lawsuit, and that the U.S. doesn’t always have jurisdiction for injuries on cruise ships.
The fine print of your cruise ticket holds vital information about your legal rights, including how much time you have to file your lawsuit, where you have to file your lawsuit, and the rights you waived by purchasing the ticket.
One of the most important things the fine print states is the deadline for filing lawsuits against the cruise line. While Florida’s statute of limitations states that injured parties have two years to file lawsuits seeking recovery, this does not apply to injuries suffered on cruise ships. Instead, most cruise tickets include clauses stating that passengers have one year to file their lawsuit. If you miss this deadline, you may be unable to recover compensation for your injuries.
Your cruise ticket will also state what court system you must file your claim in, which can cause additional headaches. And the ticket can even grant the cruise line the right to prevent you from taking photographs in certain areas of the ship or remove you from the ship if you suffer an injury or illness. These clauses can make it challenging for passengers to build a strong case and get the compensation they deserve without the help of an experienced lawyer.
While you typically have one year to file a lawsuit against a cruise line, that’s not the only deadline you’ll have to contend with. There are often also deadlines for reporting your injury to the ship and seeking medical treatment. Because of this, you should always report injuries and seek treatment as soon as possible.
If a hazardous condition on the ship contributed to your injury, it’s also important to collect evidence of it, such as photographs, as soon as possible. If the cruise line fixes the hazardous condition before you collect evidence, it may be harder to prove that your injury results from their negligence.
Finally, you should always contact an experienced cruise ship accident lawyer after suffering an injury on a ship. Because the timeline for filing your lawsuit is so short, the earlier you contact a lawyer, the better. Your lawyer can help you seek the medical care you need, collect evidence to build a strong case, and provide legal advice throughout the entire process.
Something to remember is that U.S. laws don’t always apply when you’re on a cruise ship. Even if your cruise sets out from Port Canaveral, different countries’ laws could apply depending on where the cruise line is registered and where its headquarters is located. For example, the Bahamas and Panama are common countries for cruise lines to be registered in.
Regardless of what jurisdiction your lawsuit falls under, an experienced cruise accident lawyer in Tampa can help. At Louis A. Vucci P.A., we have the resources required to help you seek compensation for your injuries no matter where your lawsuit takes place.
Injured crew members don’t have access to the same workers’ compensation protections that most U.S.-based employees do. Instead, crew members are covered by the Jones Act, a federal law that includes clauses for treating injured maritime workers. Protections crew members receive under the Jones Act include:
Most cruise tickets include a “forum selection clause” that dictates where lawsuits against the cruise line must take place. Typically, you’ll have to file your lawsuit where the cruise line’s headquarters is located. Here are the venues where you must file your lawsuit against the major cruise lines that operate out of Port Canaveral:
The good news is that most cruise lines that operate out of Port Canaveral have their headquarters in Florida. However, if you don’t live near Miami, such as if you are from out of state, filing your lawsuit in a specific jurisdiction can still be a considerable hurdle. An experienced cruise accident attorney can help.
Port Canaveral has six main cruise ship terminals, primarily used by Carnival, Royal Caribbean, Norwegian, MSC, and Disney cruise lines. Depending on which cruise line you’re using, your cruise could depart from a different terminal. The cruise terminals and the cruise lines that operate out of them are:
This terminal handles some of Royal Caribbean International’s largest ships, including Harmony of the Seas, Wonder of the Seas, Independence of the Seas, and Allure of the Seas. It is one of the most modern terminals and features a large parking garage.
This terminal is mainly used by Carnival Cruise Line, including their flagship, the Carnival Mardi Gras. It was specifically redeveloped to handle larger vessels.
This terminal is primarily used by Norwegian Cruise Line and also serves Marella Cruises (Marella Discovery). It offers convenient on-site parking.
Another terminal used by Carnival Cruise Line for ships like Carnival Glory. This terminal also offers on-site parking.
This terminal is exclusively used by Disney Cruise Line, hosting ships such as the Disney Dream, Disney Fantasy, and Disney Wish. It is particularly suited for families looking for a Disney-themed vacation.
This terminal hosts MSC Cruises ships, such as MSC Divina and MSC Meraviglia, as well as some Norwegian Cruise Line ships, like Norwegian Escape and Norwegian Epic. It features a large parking facility.
Cruise lines owe passengers and crew members a duty of care and must keep their ships free from known or expected hazards. This means they must do things like clean up spills, fix faulty equipment, and perform routine maintenance to keep the ship in working order.
If a cruise line fails to maintain safe conditions on the ship, that could qualify as negligence. A key part of any injury lawsuit is proving that the party responsible for your injuries was negligent, and evidence of hazardous conditions on the ship can be enough to meet this threshold.
If you suffered an injury on a cruise ship in Port Canaveral, the immediate steps you should take are to seek medical treatment, report the injury to the ship, collect evidence from the incident scene, and contact a cruise injury attorney. In the long term, it’s important to continue seeking ongoing treatment, write down everything you remember about the incident, and avoid providing a statement to the insurance adjuster.
Some of the critical evidence you should collect after a cruise ship accident in Port Canaveral includes:
Your attorney may also be able to help you acquire security camera footage that shows the incident that caused your injury.
You can seek compensation for various injuries suffered on a cruise ship in Port Canaveral. Some of the most common injuries suffered by passengers and crew members are:
Yes, you can file a lawsuit even if you suffered your injury while boarding or disembarking at Port Canaveral. The duty of care cruise lines owe their passengers and crew members extends to boarding and disembarking. For example, the cruise line could be liable if the ramp used to get on and off the ship is a slipping or tripping hazard.
There are many things for which a passenger may make a claim, some of which include:
