Cruise Ship Accident/Injury Deadlines and Ticket Fine Print... - Statutes of Limitations - Notice of Claim Requirements

Cruise Ship Accident/Injury Deadlines... - Statutes of Limitations - Notice of Claim Requirements


Cruise ships introduce challenging legal issues for injury victims. Although the cruise atmosphere appears to be one of leisure, fun, and tropical cocktails, there are unique maritime law concepts that could apply to the cruise ship guest. Tickets for a cruise often impose forum clauses that place restrictions on where an injury action can be pursued. This means a plaintiff submits to the jurisdiction of the state where the cruise ship maintains its corporate offices (not to be confused with flag registry, which is where the vessel itself is registered).
Additionally, cruise ship tickets could impose their own statutes of limitations, which are usually shorter than those that apply to accidents taking place in similar settings shoreside. A statute of limitations is essentially a deadline by which a lawsuit must be filed with the applicable court system. While this timespan is usually in the order of two or three years in most states within the U.S., the statute of limitations for cruise ship accident cases could be one year.
In addition to stipulating a one-year statute of limitations, as opposed to the three-year maritime statute of limitations ordinarily applied in shipboard negligence lawsuits, a cruise ticket may further impose notice of claim requirements that are even shorter. Most cruise ships are not registered in the United States. They sail under the flags of the Bahamas, Liberia, offers many advantages for cruise lines. Operating a vessel under a foreign flag (or flag of convenience as they are sometimes called) offers benefits to cruise lines in terms of tax issues, employment and labor law issues, and other areas.


While many of these international aspects about the operation of cruise ships might not appear relevant or interesting, the ones about jurisdiction, venue, and certain other procedural issues can become VERY relevant for cruise ship passengers. Jurisdiction can be relevant in a different context here, as in the jurisdiction of authorities to investigate and prosecute crimes occurring aboard cruise ships. See Cruise Ship Crimes. In terms of passenger rights for matters involving medical care, recent case law has shifted the balance in favor of passengers, so far as protections that cruise lines used to enjoy in terms of vicarious liability for the actions of doctors, nurses, and other medical professionals aboard cruise ships. Understanding jurisdictional issues in cruise ship litigation is an important aspect of pursuing the legal rights of passengers, whether in the form of injuries from accidents or from while at sea. The vast majority of cruise travelers enjoy a high quality vacation for their money, but as with anything, injuries can happen. Injuries can result from slips and falls, fires, being struck by objects falling from higher decks, being struck by golf balls, food poisoning, assault by crew members, other passengers, and other causes. If you were injured on a cruise ship and would like to learn more about your rights, call us. The consultation is free and confidential.
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