Cruise Ship Injuries

Experiencing a severe injury or losing a loved one aboard a cruise ship can turn a dream vacation into a nightmare. Because cruise ships operate under complex maritime laws, pursuing compensation is drastically different, and much stricter, than a standard land-based personal injury claim.

If you were injured on a cruise ship, you are likely fighting against rigid deadlines hidden in the fine print of your ticket contract. The cruise injury lawyers at the Law Offices of Jason Turchin have represented hundreds of clients in passenger injury claims against major cruise lines. Contact us today at (800) 337-7755 for a free consultation. We work on a contingency fee basis.

How Long Do I Have to Sue a Cruise Line for an Injury?

Unlike a standard Florida car accident where you have two years to file a lawsuit, maritime law allows cruise lines to drastically shorten your statute of limitations within the Passenger Ticket Contract. For almost all major cruise lines, you face two strict deadlines:

• The 6-Month Notice of Claim: You generally must provide the cruise line with formal, written notice of your injury claim within 180 to 185 days (approximately 6 months) of the incident.
• The 1-Year Lawsuit Deadline: You must officially file your lawsuit in the designated federal court within exactly one year from the date of the injury.

Failing to meet these deadlines will likely result in your case being permanently dismissed, which is why immediate legal representation is often critical.

Where Do I File a Lawsuit Against Carnival, Royal Caribbean, or Norwegian?

You cannot simply sue a cruise line in your hometown. Most major cruise tickets contain a strict Forum Selection Clause. This legal provision mandates that regardless of where you live, or where the ship was sailing when you were hurt, you must file your lawsuit in a specific jurisdiction.

Because Carnival, Royal Caribbean, Norwegian (NCL), and Celebrity Cruises are headquartered in Florida, their contracts often require that all passenger injury and wrongful death lawsuits be filed exclusively in the United States District Court for the Southern District of Florida, located in Miami.

Why Do New York Cruise Passengers Need a Miami Lawyer?

Many cruise lines bury their Forum Selection Clause in the fine print of the Cruise Ticket Contract. You are generally required to hire a cruise lawyer in Miami if your cruise departed from New York because the contract may require the lawsuit to be filed in Miami.

Carnival Cruise Passenger Forum Selection Clause

Carnival Cruise Line’s passenger contract generally contains a Forum Selection Clause. Here is a sample:

“It is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the Vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country. Guest hereby consents to such exclusive jurisdiction and waives any jurisdictional, venue or other objection that may be available.”

As you can see, the provision can be very specific, and have requirements which if not met could void your entire claim. This is one reason why it can be extremely important to hire a Miami cruise injury lawyer to help if you were hurt on a cruise.

What Are the Most Common Cruise Ship Injuries?

Cruise lines owe their passengers a legal duty of “reasonable care under the circumstances.” When they fail to maintain a safe environment, preventable accidents occur. We can handle a wide variety of maritime negligence claims, including:

• Slip and Falls: Injuries caused by chronically wet Lido decks, spilled food at buffets, or slippery substances left on stairs without warning signs.
• Trip and Falls: Accidents resulting from inadequately marked raised thresholds (coamings) in cabin doorways or loose carpeting.
• Gangway and Tender Boat Accidents: Injuries occurring while embarking or disembarking the ship, or while being transported to shore via small tender vessels.
• Negligent Security: Claims involving physical assaults or passengers who are sexually assaulted by crew members or other guests.
• Shore Excursion Injuries: Accidents during cruise-sponsored zip-lining, snorkeling, or bus tours.

Cruise Passenger Injury Settlements

Our cruise injury attorneys have handled hundreds of cruise passenger injury claims and lawsuits. Here are some of the cases we’ve handled.

Glass in Food

We’ve represented passengers who were injured after swallowing glass which was blended in their frozen drinks. This type of negligence is preventable. It often occurs when a careless bartender uses a glass to scoop ice. If that glass breaks into the ice bucket, it can appear as regular ice. However, when that glass gets blended in the drink, injuries can be significant.

Slip and Fall

Our cruise lawyers have handled many claims on behalf of passengers injured when they slipped and fell on liquid in and around the pool area and restaurants. Many cruise lines use a manufactured deck which is supposed to be better for traction at sea. However, passengers are often running around dripping water combined with sunblock which can create a slick layer over the deck. If the deck isn’t adequately or frequently cleaned, it can create a slippery environment for passengers who can get hurt.

Sliding Glass Door Injuries

Passengers often encounter sliding glass doors on cruise ships. If the glass door sensors do not work properly, it can fail to detect a passenger walking through. When a sliding glass door slams on a passenger, the impact could cause a fractured hip, broken arm, or even cause the passenger to fall.

Do You Accept Cruise Injury Case Referrals From Other Attorneys?

Yes. Because the vast majority of cruise lawsuits must be filed in Miami federal court, out-of-state attorneys frequently cannot litigate these claims without local counsel. We regularly enter into co-counsel arrangements with law firms nationwide to take over the handling of cruise passenger injury claims in the Southern District of Florida, and we proudly pay co-counsel participation fees in accordance with Florida Bar rules.

How Carnival Cruise Lines, Inc. v. Shute changed the Forum Selection Clause

In 1991, the U.S. Supreme Court decided the case of Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991). The Supreme Court held: (1) Carnival Cruise Lines’ forum selection clause in the cruise line’s passage contract ticket, requiring litigation of all disputes in Florida, was reasonable and enforceable, and (2) the forum selection clause did not violate any statute which prohibits a vessel owner from inserting in any contract a provision depriving a claimant of trial by a court of competent jurisdiction for loss of life or personal injury resulting from negligence. This means that not only can a cruise line force you to file a lawsuit in Florida, it can also waive the right to a jury trial in certain cases.