Injured During a Cruise Ship: Is My Case Worth Fighting?

Cruise ships are among the most serene forms of traveling. Not only that it’s extremely safe to travel on a cruise ship, but numerous fun activities are waiting for you both onboard and at your destination.

But judging from the trials that ensued many of these peaceful sea travels, some accidents do happen onboard cruise ships, regardless of their route. We’re talking about personal injuries that have to do with a temporary lack of safety or a breach of the rules.

If you’ve been injured on a cruise then you need to know what action you must take if you think the company is responsible for the incident and contacting a cruise ship injury lawyer can help you determine this.

Under the Kermarrec rule (created by the U.S. Supreme Court in the Kermarrec versus Compagnie General Transatlantique, in 1959), cruise lines are responsible for the well-being of their passengers. In other words, they have the legal duty to provide you with reasonable care. So, if you’ve been injured while onboard and you’re unsure whether you should sue or not, then you need to check if the cruise line breached its duty of care.

Who Is Responsible?

If you want to file a suit against a cruise line, then you need to prove that the company had a duty to care for you, it breached that responsibility and, as a result of this negligence, you suffered an injury.

The cruise line is obliged to take responsible steps to protect you. For instance, they must provide fresh food to prevent food poisoning, or they must place mats in the pool areas to prevent slips and falls.

If your accident is related to a slippery floor anywhere on the ship or a waterslide with a dangerous design, you can base your trial on a negligence claim. On the other hand, if you’ve injured yourself because you’ve breached the safety regulations on board, such as having too much to drink and jumping into the pool from a considerable height, then the defendant can successfully argue the accident was entirely your fault.

How about Different Circumstances?

Let’s say you’ve been hurt during an onshore excursion and the accident took place outside the premises of the ship. That is a common dilemma because you wouldn’t know who to blame: the cruise line, or the company who organized the excursion?

There is no black and white answer here. The only thing you can do is to discover which entity has had a contributing factor in your injury. In some cases, more than one defendant is found to be responsible for paying you the damages, given that both companies can share the blame.

If it is not clear who is accountable, reading the Terms and Conditions written in fine print on your ticket can shed some light on what the cruise ship company is willing to cover for and what not.

Problems can also arise when a person assaults you during the trip. In case a member of the staff caused you a physical or psychological damage, the situation is relatively clear: given he or she is an employee of the cruise line company, the case is in your favor. But when another passenger assaults you, the lines of the lawsuit become blurry.

The Right Approach to Fight

When you are injured during a cruise, it might not be obvious who is responsible.

It can be the cruise company itself, another company, or it can be your fault. That is why your legal battle depends on identifying whose negligence or behavior caused your injury in the first place.

However, although you know you have the grounds for a suit to compensate you financially, you shouldn’t act alone. A personal injury lawyer can help you prepare the case and increase your chances of winning it.

In conclusion, any minor or major accident you have during a cruise, whether we’re talking about slipping on the pool deck or a bottle falling on your head caused by the swaying of the boat, then it might be worth opening a court case.

If you manage to prove that your injuries were caused by improper conditions on the cruise, you are entitled to receive a fair compensation, either in the form of a lump-sum award or a structured settlement over time.