Cruise Personal Injury
Personal Injury onboard a Cruise
Cruise Lines have been able to avoid liability for accidents by restricting your access to court. By purchasing a ticket as a cruise ship passenger you may have agreed to present your claim to the cruise line (called a presentment requirement), bring your claim within a certain amount of time (called a statute of limitations), and bring your case in a certain jurisdiction (called a venue restriction). We have provided information on the cruise line accident restrictions. You will probably find that the venue restriction on the back of your cruise line ticket requires that you bring your case in the Federal Court for the Southern District of Florida or in the State Courts of the southern Florida.
If you or someone you love has been involved in an accident onboard a cruise ship, there are a few things you should be ask a cruise ship accident attorney. There are many types of accidents that happen aboard a cruise ship – slip and falls, assaults, food poisoning and even medical malpractice. The cruise ship acts as its own independent city while at sea. While most principles of negligence apply there are a few areas where a cruise ship accident attorney could help you identify the differences and present a method of overcoming procedural obstacles in pressing a claim against the cruise line.
When you received your cruise line ticket you were probably surprised at its size and the amount of small print it contained. Over the years, cruise lines have attempted to restrict the rights of those injured while at sea or onboard. Many of these restrictions have been upheld by the courts. There are a number of traps to avoid when you are involved in an accident on board a cruise.
Reduced Statute of Limitations
Read the ticket carefully. A number of cruise lines have added language that restricts the amount of time that you have to file a claim. The language of the passenger ticket may require that you present your claim to the court within one year – or sooner.
The ticket may also require you to send the details of the accident to the cruise line within a few months of the accident. This is called a presentment requirement. You want to make sure that any pre-requisite for suit is fulfilled on a timely basis.
Venue is another way of saying location. The ticket may reuire you to file suit in a particular state. This is called a venue restriction. Many of the cruise lines try to restrict venue to the federal court in the Southern District of Florida.
Don’t let small print take away your rights. Seek the advice of an attorney as soon as you are able. Our initial consultation is free.