Cruise Ship Accident Lawyer Blog
While modern cruises feature a wealth of fabulous amenities, many passengers are just as eager to get off the ship for exciting adventures on shore. According to Cruise Lines International Association (CLIA), around 68 percent of passengers will book a shore excursion to round out their trip.
Unfortunately, accidents can happen on these tours, leading many injured passengers to wonder about their rights. A Miami cruise ship accident attorney can provide specifics about your case, but an overview should help you understand liability for shore excursions.
Can You Sue a Cruise Line for Shore Excursion Accidents?
Excursions happen off the ship, but cruise lines still have a duty to protect passengers. They must provide warnings about known dangers at foreign ports, such as:
- High crime areas
- Lack of clean water
- Civil unrest or instability
Cruise lines also have an obligation to ensure safety when contracting with shore excursion companies. If the cruise operator was negligent in vetting the tour vendor or failed to provide safe transport, it may be held liable.
Miami Cruise Lines and the Independent Contractor Defense
Cruise lines often attempt to avoid responsibility for Bahamas and Caribbean excursions by claiming that the tour operator is a separate entity. They allege that, as an independent contractor, the local shore excursion is accountable for negligence.
However, an experienced attorney can challenge this defense by proving “apparent agency.” A cruise line that markets the excursion as its own and promotes the experiences to attract passengers cannot shield itself from liability. Plus, if the cruise line failed to conduct proper safety audits of the vendor, they could be held accountable for negligent hiring or retention.
Liability Waivers and Ticket Contracts for Miami-Based Lawsuits
Many passengers believe they cannot pursue a claim because they signed a liability waiver before their excursion. Still, specific legal standards govern what a cruise line can and cannot waive regarding passenger safety. Therefore, these waivers are not always enforceable under federal maritime law. A lawyer with an in-depth knowledge of maritime statutes develops strategies to counter waivers and ensure your rights are protected after a serious accident.
Why Most Shore Excursion Injury Claims Must Be Filed in Miami
Even if your injury occurred off the ship, you likely pursue your legal remedies through federal court in Miami. Most major cruise lines include a forum selection clause in their passenger ticket contracts, mandating that all injury claims proceed in the U.S. District Court for the Southern District of Florida. Note that ticket contracts contain strict deadlines, often providing only one year to file a formal lawsuit.
Our Miami Cruise Ship Accident Lawyers Will Support Your Needs
While you can sue a cruise line for shore excursion accidents in the Bahamas or Caribbean, you should not try to do it alone. Gerson & Schwartz, PA, offers dedicated legal help for victims facing complex maritime claims. Our attorneys focus on proving cruise line negligence and overcoming waivers to get you the compensation you deserve. Please call our offices in Miami, Fort Lauderdale, or West Palm Beach at (305) 371-6000, or go online for a free consultation.