What Are the Legal Implications of Cruise Ship Accidents?

We Help Cruise Ship Accident Victims Get the Compensation They Deserve

When you go on a cruise ship alone or with your loved ones, you expect to relax and have fun. While this is the reality in most cases, there are instances when cruise ship accidents occur. In such cases, you might be unaware of what to do or the legal implications.

You should contact our Houston cruise ship accident lawyers immediately after an accident. Our attorneys at Terry Bryant Accident and Injury Law will assess your case and explain the legal implications of the cruise ship accident. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 to schedule a free case review.

Why Choose Terry Bryant Accident and Injury Law?

We have decades of experience handling maritime injury claims, including cruise ship accidents, at Terry Bryant Accident and Injury Law. We have board-certified personal injury trial lawyers with an in-depth understanding of the Texas legal system. We know the laws that apply to cruise ship accidents and how to use them to our advantage.

We have recovered $1 billion in compensation for our clients and will get you the best settlement for your case.

Our lawyers are committed to getting favorable outcomes for our clients, and our successes are why we have 98% positive online reviews. We will help you get the compensation you deserve, and we work on a contingency fee basis so you don’t have to let the fear of legal fees keep you from getting what you deserve.

Contact us at (713) 973-8888 to speak with one of our cruise ship accident attorneys.

What Causes Cruise Ship Accidents?

Data from the Maritime Injury Guide shows 448 major cruise ship accidents between 2005 and 2023. Within that time, 15 cruise ships sank, with 16 people dying. Others involved sustained several types and degrees of injuries.

The question, however, is, what causes these cruise ship accidents? The following are the common causes:

Operator Negligence

The cruise ship operator is deemed negligent if they fail to act carefully. A careless action could be failing to operate the cruise ship safely, ignoring weather reports, failing to avoid a collision, etc. In each scenario, you need to establish how the negligence caused the accident and, ultimately, the injury suffered.

Weather and Sea Conditions

The sea can be calm one moment and rough the next. Cruise ship operators must watch the weather reports to avoid traveling in turbulent waters and reroute their ships. Primarily, operators are to avoid rogue waves, thunderstorms, and fringes of hurricanes.

Contaminated Food and Water

Cruises can last from two days to several months, leaving room for food and water to get contaminated. Norovirus is a typical outbreak on cruise ships, caused by contaminated food or water. It is a gastrointestinal disease that spreads once a person encounters contaminated food or water.

Lack of Adequate Security

Cruise ships have many people on board, but they often do not have adequate security. Passengers may wander to dangerous areas without enough security staff to watch them or adequate signage. This could cause them to fall off balconies or suffer from other serious accidents.

Cruise ship passengers may also get injured from:

• Slip and fall accidents
• Swimming pool accidents
• Recreational activities
• Elevator and escalator accidents
• Fires.

In any of the above scenarios, passengers may suffer from catastrophic injuries like spinal cord injuries, traumatic brain injuries (TBIs), or broken bones. The accident may sometimes lead to disfigurement, drowning, emotional trauma, or death. You have legal options if you or a loved one suffers any of these, and our attorneys can explain what they are when you contact us or visit our law office.

What Should You Do After a Cruise Ship Accident?

Just like in car accidents, you must take steps to maximize your chances of getting maximum compensation after a cruise ship accident. The following are what you should do after a cruise ship accident:

Report the Accident

You must report the accident even if you are miles away from land. The United States Coast Guard Regulations require those in an accident on the water with injuries that need more than first aid to notify them of the accident. The report should state how the incident happened, what caused your injury, and the type of wounds suffered.

The legal team at Terry Bryant Accident and Injury Law can help you prove the cruise liner’s negligence and get you compensation for your injuries. 

Also, you must inform staff of the cruise ship, particularly the person in charge or who has investigative authority. Provide clear information on the accident and the negligent action that led to your injury. Take detailed notes of the accident and obtain copies of the report or forms filled out. Take numerous photos of the location where you were injured, your injuries, and anything has that relates to the incident.

Get Medical Care From the Onboard Medical Center

Thankfully, cruise ships have onboard medical centers for passengers and crew who get injured or fall ill. Therefore, after an accident, waste no time in getting medical care. Your treatment record onboard the ship is crucial evidence for your case.

If you fail to get treatment onboard, the cruise ship company will likely use it as a defense against any negligence claim. They will also use it to assert that your injuries could have been mitigated if you had gotten medical care. Therefore, it is best to get treated while onboard the ship. If you are charged extra fees for medical care, we can pursue this as part of your personal injury claim.

Get a Copy of the Incident Report and Medical Records

As mentioned, you need the incident report and your medical record to make your case. The medical record is for the treatment you got onboard and after you returned to land. Having both reports is crucial to safeguarding your rights.

Federal maritime laws do not require cruise ships to disclose written and internal investigative reports. However, you are legally entitled to a copy of your recorded statement, medical record, and accident report. You can send a formal request for them, but things move faster when your lawyer makes the application.

Take Photos and Videos of the Scene and Your Injuries

The beauty of smartphones is that they make capturing moments through photos or videos easy. Take pictures of what caused the accident — for example, wet floors that made you slip and fall. If a defective railing or floor made you fall, snap a picture or video it.

You should also take clear photos or videos of your injuries, especially if you suffered cuts, bruises, or scrapes. If you cannot do any of the preceding, ask a friend or loved one traveling with you to help you. If you are traveling alone, you can ask anyone who witnessed the accident to help you take pictures or record the video.

Get Recorded Statements of Witnesses

Chances are other passengers witnessed the accident. Talk to those who saw what happened to you and record their statements. Since it’s a cruise ship, not all the passengers will reside in your location, but you can still ask for their contact details in case you need them to testify. They can do so virtually, without traveling to your city.

Seek Legal Counsel

Finally, get legal representation as soon as possible. Cruise ship accident claims are pretty complex, with several variables. Therefore, allowing our Houston maritime injury lawyers to handle your case is best. Our attorneys have experience helping cruise injury victims get compensation for their injuries and are your best option if you want a fair outcome.

What Are the Legal Implications of a Cruise Ship Accident?

Legal precedent shows that for a cruise liner to be liable for a passenger’s injury, there must be elements of negligence or willful endangerment.

Without establishing negligence or endangerment, you cannot receive compensation. So, first, you must show the cruise liner owed a duty of care which was breached by their employees’ negligent actions. Since a company is an entity, negligence is attributed to its employees.

For example, if the cruise ship operator fails to follow safety procedures and an accident occurs, the company will be liable for such negligence. This is based on the doctrine of vicarious liability. So, if a cruise ship employee or defective equipment causes your injury, you may be eligible for compensation.

At Terry Bryant Accident and Injury Law, our maritime injury lawyers have experience with cruise ship accidents and will advise you on the proper steps to take.

However, it is noteworthy that cruise ship companies take steps to limit their liability by creating rules you must follow. For example, cruise lines print on the back of their tickets what the steps are that passengers must take if they want to take legal action. Such information contains when to file a claim and the process for doing so; once you buy the ticket, it is taken as acceptance of the stipulations.

However, most passengers are unaware of these legally binding rules and do not strictly comply. When they file a claim, they are told it is out of time or did not follow the legal procedure. Therefore, you must not waste time after suffering an injury from a cruise ship accident. Get legal representation immediately to know your rights and file your claim promptly.

What Compensation Can You Recover After a Cruise Ship Accident?

You are entitled to economic and non-economic damages for injuries in a cruise ship accident. Economic damages cover your monetary losses and are easy to calculate because they have a fixed dollar value. Non-economic damages do not have a set dollar value and are harder to compute.

Ultimately, economic and non-economic damages cover the following:

• Medical expenses
• Lost wages
• Out-of-pocket expenses
• Pain and suffering
• Property damage
• Loss of companionship
• Loss of earning capacity, etc.

At Terry Bryant Accident and Injury Law, we will diligently represent you and get you what you deserve.

FAWs About the Legal Implications of Cruise Ship Accidents

As with all forms of accidents, cruise ship accident victims often have questions about the legal process. Here are some of the most frequent ones:

Can I Sue a Cruise Ship for My Injuries? 

Yes. You can file a lawsuit against a cruise ship company for your injuries if there are elements of negligence or willful endangerment.

Who Pays for My Damages After a Cruise Ship Accident? 

The cruise liner pays for your damages through their general liability insurance coverage.

How Much Compensation Can I Recover From the Cruise Liner? 

Every accident is different, so there is no fixed compensation amount. Your settlement depends on the severity of your injuries, the amount of lost wages, and the negotiation skills of your lawyer.

Do I Need a Lawyer for My Cruise Ship Accident Case? 

Yes. Although you are not required by law to hire an attorney, having one should help increase your chances of winning as well as the amount of your recovery, as cruise ship accident cases can be complex.

How Can a Cruise Ship Accident Lawyer Help Me?

Our cruise ship accident lawyers are well-versed in federal and state maritime laws and have experience with these cruise ship accident cases. As such, we will provide legal guidance based on the facts of your case. Our legal team will commence the claims process, handle the paperwork and filing, and conduct investigations to gather proof for your case.

We will handle settlement negotiations, represent you at trial if necessary, and keep you updated throughout the case. If needed, we will get expert witnesses to testify on your behalf. Also, we will protect your rights and ensure the cruise liner’s legal team or insurance company does not bully you.

Were You Involved in a Cruise Ship Accident? Let Us Fight for You!

At Terry Bryant Accident and Injury Law, we are committed to helping our clients defend their rights and get the compensation they deserve. We will commit our time and resources to fighting for you and will not relent until we win. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 to schedule a free no-obligation consultation.