Cruise Ship Accident Lawyer Blog
Though cruise ships are subject to minimum safety standards, you might be surprised to learn that accountability is lacking. The SOLAS (Safety of Life at Sea) treaty establishes rules for ship construction, equipment, and emergencies, but violations do not automatically equal liability. As an injured passenger, you must be proactive to protect your rights.
While you can count on your Miami cruise ship accident attorney to handle the details, here are the basic steps for legally holding a cruise line accountable for your injuries.
Report the Accident to the Cruise Line
Immediately report the incident to the ship’s security or guest services team before you leave the vessel. Most cruise lines require you to complete an official incident report while still on board. Ask for a copy of this report before disembarking, since some lines will not provide one later. This report becomes a critical piece of evidence and establishes an official record, so make sure to include the date, time, location, and any contributing factors, such as a wet floor or broken railing.
Preserve Evidence Right Away
Evidence from a cruise ship accident can disappear quickly, so document the scene before conditions change. Take photos and videos of:
- The hazard that caused the incident
- Your injuries
- The surrounding area
You should also collect contact information from witnesses who saw the incident, since crew members may be reluctant to testify against their employer later. Keep any damaged clothing or personal items involved in the accident. Make sure to save medical records from the ship’s infirmary and any onshore treatment.
Comply with Notice Requirements by Legal Deadlines
Your cruise ticket contains a contract with strict legal deadlines, and most require written notice of your claim within six months of the incident. Additionally, cruise contracts often require you to file a lawsuit within one year of the injury date. Missing either deadline can permanently bar your claim, regardless of its merit.
Filing Your Cruise Ship Injury Lawsuit
After gathering evidence and meeting notice requirements, you must file a formal complaint in the appropriate court. Cruise contracts typically require lawsuits to be filed in a specific jurisdiction, often federal court, regardless of where you live. In the complaint to start litigation, you will outline the cruise line’s negligence, detail your injuries, and specify the compensation you seek for your losses. The cruise line then has a set period to respond. From there, the case proceeds through discovery, negotiation, and potentially trial if the parties do not settle at earlier stages.
Discuss Legal Proceedings with a Miami Cruise Ship Accident Lawyer
You are in a better position to tackle each of these important steps when you have experienced legal counsel on your side. The maritime attorneys at Gerson & Schwartz, PA understand the strict deadlines and complex regulations that govern cruise ship injury claims, so we will guide you through every stage of the process.
Please call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. Our team will help protect your rights and pursue the compensation you deserve.