Tampa Bay Cruise Ship Accidents and Injuries Lawyer
Were you injured as a passenger or crew member on a cruise ship departing from Tampa, Florida? If so, understanding your rights and how to seek compensation for your injuries is crucial. Suffering an injury on a cruise ship isn’t the same suffering one in Florida, even if that’s where your cruise set out from.
When you purchase a cruise ticket, you sign away some of your legal rights. This fact can make recovering the compensation you deserve more challenging. Typically, you have less time to file a lawsuit if you suffer an injury on a cruise compared to in most states. Moreover, it can be harder to gather the evidence you need to prove your case.
Louis A. Vucci P.A. specializes in representing injured cruise passengers and crew members seeking compensation from the cruise lines responsible for their injuries. Call our firm at (786) 375-0344 for a free consultation with an experienced cruise ship accident lawyer in Tampa. We’ll review your case, explain your legal options for seeking compensation, and help you understand the restrictions placed on you by the fine print of your cruise ticket.
What Injured Tampa Cruise Ship Passengers Need to Know
It’s crucial for passengers injured on cruise ships departing out of Tampa to understand their rights and the limitations placed on those rights by the cruise line. As a passenger, you shouldn’t assume that you have the same rights on a cruise that you have back at home or even in Florida if you’re from out-of-state.
1. Your Cruise Ticket: The Fine Print Matters
The fine print of your cruise ticket holds essential information about your legal rights. Today, many people are conditioned to skim through the fine print without paying much attention. However, reading it could be the difference between recovering compensation for your injuries and being left with significant medical bills.
One of the most important pieces of information found in the fine print is your time limit for filing a lawsuit against the cruise line. Under Florida’s statute of limitations, injury victims have two years to file lawsuits. However, many cruise lines include clauses stating that injured passengers have less time to file a lawsuit, usually around one year. If you miss this one-year deadline, you could lose your right to recover compensation for your injuries.
Additionally, cruise lines include other limitations in the fine print of their tickets. Some prohibit passengers from taking photographs in certain areas of the ship, and most cruise lines have the right to remove sick or injured passengers. These restrictions can make it more difficult for injured passengers to collect the evidence they need for their lawsuits.
2. Timing Is Critical
Besides only having one year to file your lawsuit, there are other reasons to move quickly after an injury on a cruise ship. For example, you must report the injury to the ship and seek medical attention for your injury as soon as possible. Delaying could negatively impact your lawsuit in various ways.
Based on the fine print of your ticket, you may need to report injuries within a set amount of time. And if you don’t seek medical treatment right away, the cruise line’s insurance company may take it as a sign that your injuries aren’t as severe as you claim.
If your injury resulted from a hazardous condition on the ship, the cruise line may work to remedy the hazard before you have a chance to photograph it. For this reason, it’s important to begin collecting evidence, such as photographs and witness contact information, as soon as possible.
Lastly, the sooner you contact a cruise injury lawyer, the sooner they can begin working on your case. Conducting a full investigation of the incident and building a strong case takes time, so the more time you give your lawyer, the better.
3. Legal Jurisdiction: Not Always U.S. Laws
While your cruise departed from Tampa, that doesn’t mean Florida’s laws or even the U.S.’s laws apply to your case. Most cruise ships are registered in Caribbean and Central American countries, like the Bahamas and Panama. In such cases, so you may have to follow those nations’ laws.
An experienced cruise accident lawyer in Tampa can help you determine what laws apply to your case, navigate the legal process, and seek the compensation you deserve.
Crew Member Injury Claims Under the Jones Act
Ship crew members don’t have access to the same workers’ compensation insurance that most U.S. employees do. Instead, they can seek compensation for their injuries under the Jones Act, which is a federal law with two primary components regarding injured workers:
- Maintenance and Cure – First, all injured crew members are entitled to maintenance and cure, which means their employer must cover their living and medical expenses while on the ship.
- Negligence-Based Lawsuit – Second, if an employer’s negligence contributed to their employee’s injury on the ship in any way, the injured crew member can seek compensation through a lawsuit. Under traditional workers’ compensation, employees cannot sue their employers in most cases, but that doesn’t apply to workers protected under the Jones Act.
Where Do I File a Cruise Ship Injury Claim for an Accident that Occurred in Tampa?
Most cruise lines include a “forum selection clause” in the fine print that states where passengers must file their lawsuits. Sometimes, this is where the cruise line’s headquarters is located. Other times, it’s in a friendly jurisdiction. The good news is that most cruise lines operating out of the Port of Tampa Bay force passengers to file suit in Florida. The bad news is that most of them force passengers to file suit in Miami, not Tampa.
Here are the jurisdictions in which passengers must file lawsuits against the major cruise lines operating out of the Port of Tampa Bay:
- Carnival Cruise Line – Miami, Florida
- Royal Caribbean – Miami, Florida
- Norwegian Cruise Line – Miami, Florida
- Celebrity Cruises – Miami, Florida
- Holland America – Seattle, Washington
An experienced Tampa cruise accident lawyer can assist you with filing your claim regardless of the jurisdiction where it must be filed. Louis A. Vucci P.A. has the resources and experience to handle any cruise injury case, regardless of where the cruise line’s headquarters is.
Port of Tampa Bay: Key Information
The Port of Tampa Bay is the city’s main cruise ship port with three cruise terminals. Located near downtown Tampa, it serves as a departure point for cruises to the Caribbean, Mexico, and other popular destinations. The port is known for its convenient access to Tampa International Airport and the city’s attractions.
The cruise terminals at the Port of Tampa Bay are:
- Cruise Terminal 2 – This terminal primarily serves Carnival Cruise Line, which offers itineraries to the Caribbean, Mexico, and Central America. It is located across the street from the port’s parking garage.
- Cruise Terminal 3 – Norwegian Cruise Line and Royal Caribbean International use this terminal for cruises to the Caribbean, Central America, and South America. It is located across the street from the port’s parking garage.
- Cruise Terminal 6 – This terminal hosts Holland America Line and Celebrity Cruises, offering itineraries to the Caribbean, Central America, and South America. It is a full-service passenger terminal with its own parking area.
Injuries and the Law: Understanding Negligence and Your Right to Compensation
Cruise lines have a legal obligation to keep their ships free from hazards that could harm passengers and crew members. This obligation means cruise operators should:
- Fix dangerous conditions on the ship, including slipping and tripping hazards
- Prevent passengers from entering dangerous areas of the ship
- Provide adequate training for all crew members on the ship to prevent injuries
- Perform routine maintenance to keep the ship hazard-free and in working order
If a cruise line’s negligent actions contribute to an injury on the ship, it may be liable for the passenger’s or crew member’s expenses. An experienced cruise accident lawyer can help you collect the evidence to prove the cruise line was negligent.
Frequently Asked Questions
What Should I Do After a Cruise Ship Accident in Tampa, FL?
After suffering an injury on a cruise ship that departed from Tampa, FL, you should:
- Seek medical attention from the onboard doctor
- Collect evidence of the hazardous condition that contributed to your injury
- Report the incident to the ship and ask for a copy of the report
Finally, speak to a cruise ship attorney in Tampa Bay as soon as you get back to shore.
How Long Do I Have to Sue After a Cruise Ship Accident in Tampa, FL?
Cruise lines usually limit the time injured passengers have to file their lawsuits to one year. Check the fine print of your ticket for the deadline that applies to you. Alternatively, speak to an experienced cruise injury attorney to determine the exact amount of time you have to file.
What Types of Injuries Can I Claim for a Cruise Ship Accident in Tampa, FL?
You can seek compensation for various injuries suffered on a ship, including broken bones, traumatic brain injuries, spinal cord injuries, and soft tissue injuries. These injuries can result from various incidents, including slip-and-falls, assaults, and other accidents.
Can I Recover Damages If I’m Being Blamed for a Cruise Ship Accident in Florida?
At-fault parties might attempt to blame you for the cruise ship accident in order to avoid paying you. For example, Florida follows a modified comparative negligence law. This law allows you to recover compensation even if you are partially to blame for the accident. However, it could also reduce the compensation you’re entitled to or even block you from recovering compensation altogether. An experienced attorney can determine the impact various laws have on your recovery, push back on attempts to cast blame on you, and seek the full amount you could be entitled to.
