Can You Sue a Cruise Ship Line Under Maritime Law?

When passengers are hurt or pass away on a cruise, maritime law often governs their rights and the process they must follow to file a lawsuit or otherwise recover compensation. It is possible to sue a cruise ship line if the company’s negligence caused or contributed to your injuries or your loved one’s death.

If this happened to you, a Florida cruise ship accident lawyer can help. Many cruise lines require you to sue in a specific jurisdiction, usually within the state of Florida. Your attorney can determine the laws that apply and how to navigate the legal process.

When Can I Sue a Cruise Ship Line for My Injuries?

In many cases, you can sue a cruise ship company after an injury accident aboard one of its vessels. While pursuing a case based on maritime law and recovering compensation can be challenging, you have a legal right to do so when:

• You suffered an injury, illness, or lost a loved one
• This occurred because of the cruise line’s negligence
• The cruise line failed to meet legal obligations to protect you

If your loved one died from their cruise injuries, a Florida cruise ship wrongful death attorney can help you understand how your family can build a case and seek justice. 

Understanding How Maritime Law Works

Maritime law governs activities on the high seas and navigable waters. If the boat was on the open ocean, maritime law could apply. This specialized section of federal law covers a wide range of issues, including shipping, navigation, and accidents at sea. Some things about maritime law you should know include: 

• Jurisdiction: Maritime law applies to accidents that occur on the open ocean, including cruise ships.
• International Scope: Maritime law could apply even if you were outside the borders of the United States since many ships operate across borders.
• Negligence and Liability: Maritime law holds ship owners and operators responsible for ensuring the safety of passengers and crew.
• Other Laws Could Apply: If a ship’s home port is in another country, that country’s maritime laws could apply. Alternatively, state laws could apply in some cases. 

Where Will I File a Lawsuit Against a Cruise Line?

When you purchase a cruise ticket, it comes with a lot of small print terms and conditions. This content often includes a forum selection clause specifying where you will file a lawsuit if this becomes necessary. 

Often, cruise lines require lawsuits to be filed in Florida, where many cruise ships are registered or operate. The ticket contract could go further and name the specific venue and jurisdiction. 

One of the first things your cruise ship injury lawyer will do is review the ticket contract you signed. This will help them understand where and how to file your lawsuit as well as which laws apply to your case.

What Is the Legal Process for Suing a Cruise Ship Line?

If you suffered injuries and decide you might want to pursue a lawsuit based on maritime law, you should follow these steps: 

Step 1: Consult With a Maritime Attorney

Your top priority should be finding and hiring a Florida personal injury lawyer who handles maritime law cases. Maritime law and cruise ship injury cases are complex. When you work with an attorney who navigates these laws regularly, they can determine if you have a valid case, explain your rights, and handle the legal process for you. 

Step 2: Review the Cruise Ticket Contract With Your Attorney

Your lawyer will review the ticket contract with you. These contracts could limit your legal rights or set specific, strict parameters about how your case will go. They generally include forum selection (often in Florida), dictate applicable laws, and set deadlines for each step in the process. 

Sometimes, these contracts include arbitration clauses, which could require you to resolve disputes outside of court instead of taking your case to trial.

Step 3: Your Attorney Will Investigate and Collect Evidence

Once they understand how your case will proceed, your lawyer will begin investigating what happened and gathering evidence. This evidence could include: 

• Official incident reports
• Medical records
• Photos of the accident scene
• Videos of the incident
• Witness statements
• Onboard safety records

To recover damages, you will need strong evidence to show staff acted negligently or that the vessel was not seaworthy.

Step 4: File a Lawsuit If Necessary

Once they gather the necessary evidence, your attorney will file a formal notice of claim. This is a required step under many cruise ship ticket contracts. You may have up to six months from the date of your accident to file this notice, depending on the details of the contract. 

Sometimes, a settlement occurs at this point. If not, your attorney will prepare the case for arbitration or file a lawsuit. If the case is governed by maritime law, this will likely occur in federal court. 

How long you may have to sue will depend on several factors. If Florida law applies, Florida Statutes § 95.11 sets the deadline at two years from your injury date. However, under maritime law, you could have less time. The cruise ticket contract could limit how long you have to act even further, so it is important to understand the applicable deadlines as soon as possible after your injuries occur. 

Talk to Our Team About Your Cruise Ship Injuries for Free

Suing a cruise ship line under maritime law is possible, but you will want help navigating the legal complexities and the specific process required by these federal laws. If you or a loved one suffered injuries aboard a cruise ship, Debi Chalik and Jason Chalik can help.

At Chalik & Chalik Injury Lawyers, we offer free consultationsand can assess your legal options and the applicable laws. We know how to manage these claims and fight for maximum compensation for our clients. Contact us today to get started.