By Robert T. Karns, Attorney
Karns Law Group
Vacationing on a cruise ship with friends or family is usually very
enjoyable and a good value. However, if you become injured on a cruise
ship your ability to recover damages can be extremely limited.
Maritime law has a normal statute of limitation of three years, meaning
your case must be placed in a lawsuit or settled prior to three years
running from the date of injury. However, most cruise ships put a clause
in the cruise ship ticket indicating a one year statute of limitation or the
case is forever barred. In addition, some cruise ships put in the ticket a
requirement that you notify them of the specifics of your injury within
six months from the occurrence of the injury. These clauses greatly
reduce the time you have to recover for personal injuries on the cruise
ship and all of these clauses in the tickets are binding on you as the
ticket holder.
Another restriction put in some cruise line tickets is that the ship’s
doctor and medical staff, for all medical services, are independent
contractors and the cruise ship line is not liable for the acts of the
independent contractor doctor and for any of the medical services
provided to anyone on the cruise ship. This would mean that you
cannot sue the cruise ship for the doctor or medical service liability and
you must sue the doctor or whoever provided the medical service direct
without suing the cruise ship.
Another restriction on the tickets is the cruise ships are allowed to place
forum selection clauses on the tickets, meaning that if they are sued
they have the right to indicate where the suit can be brought, meaning
in the ticket it would state where the suit must be filed, in state or
federal court, such as Florida, etc. This is done to limit the bringing of
the lawsuit to the area where the cruise ship is out of to make it more
convenient to defend the case for the cruise ship.
Tickets can also indicate that the cruise ship is not liable for shore side
excursions because the shore side excursions are performed by
independent contractors, thereby relieving the ship of any
responsibility. If you are injured on a cruise ship shore side excursion in
a foreign country and the cruise ship has disclaimed liability with a
clause such as this in the ticket, you would be left to attempt to sue in
the foreign country and there is a strong likelihood that you would not
be successful, depending on the foreign country you were injured in.
Cruise ship tickets also contain a clause barring claims for emotional
distress which also limits personal injury recoveries.
As can be seen, there are many limitations to recovering damages for
personal injuries suffered on cruise ships. It is important if you travel on
a cruise ship and are injured that you save all of the papers and
documentation from the cruise ship vacation, including the ticket, and
that you immediately contact an attorney experienced in handling these
cases in order to deal with all of the restrictions on these personal injury
cases as best as can be done.
Learn more about Robert T. Karns at karnslaw.com/attorney-profiles
www.RIMarinas.com all rights reserved ©2011
Information on this website should be use as a guide only and should not be relied upon as the sole source of information relating to its content. Neither RIMarinas.com or
Quertz Corp. is responsible for any loss, inconvenience, damage or claims arising our of the use of the information contained on this website.
The Cruise Ship Season is Here...
Are you prepared?
Transient Boater?
RI MARINAS
Navigation Chart
Robert is a practicing attorney
at Karns Law Group located
near the port cities of Newport
and Providence, Rhode Island.
His firm focuses on personal
injury law including maritime
law. You can reach him
through www.karnslaw.com.
Personal injuries can and do occur on cruise ships
enjoyable and a good value. However, if you become injured on a cruise
ship your ability to recover damages can be extremely limited.
Maritime law has a normal statute of limitation of three years, meaning
your case must be placed in a lawsuit or settled prior to three years
running from the date of injury. However, most cruise ships put a clause
in the cruise ship ticket indicating a one year statute of limitation or the
case is forever barred. In addition, some cruise ships put in the ticket a
requirement that you notify them of the specifics of your injury within
six months from the occurrence of the injury. These clauses greatly
reduce the time you have to recover for personal injuries on the cruise
ship and all of these clauses in the tickets are binding on you as the
ticket holder.
Another restriction put in some cruise line tickets is that the ship’s
doctor and medical staff, for all medical services, are independent
contractors and the cruise ship line is not liable for the acts of the
independent contractor doctor and for any of the medical services
provided to anyone on the cruise ship. This would mean that you
cannot sue the cruise ship for the doctor or medical service liability and
you must sue the doctor or whoever provided the medical service direct
without suing the cruise ship.
Another restriction on the tickets is the cruise ships are allowed to place
forum selection clauses on the tickets, meaning that if they are sued
they have the right to indicate where the suit can be brought, meaning
in the ticket it would state where the suit must be filed, in state or
federal court, such as Florida, etc. This is done to limit the bringing of
the lawsuit to the area where the cruise ship is out of to make it more
convenient to defend the case for the cruise ship.
Tickets can also indicate that the cruise ship is not liable for shore side
excursions because the shore side excursions are performed by
independent contractors, thereby relieving the ship of any
responsibility. If you are injured on a cruise ship shore side excursion in
a foreign country and the cruise ship has disclaimed liability with a
clause such as this in the ticket, you would be left to attempt to sue in
the foreign country and there is a strong likelihood that you would not
be successful, depending on the foreign country you were injured in.
Cruise ship tickets also contain a clause barring claims for emotional
distress which also limits personal injury recoveries.
As can be seen, there are many limitations to recovering damages for
personal injuries suffered on cruise ships. It is important if you travel on
a cruise ship and are injured that you save all of the papers and
documentation from the cruise ship vacation, including the ticket, and
that you immediately contact an attorney experienced in handling these
cases in order to deal with all of the restrictions on these personal injury
cases as best as can be done.
Learn more about Robert T. Karns at karnslaw.com/attorney-profiles
www.RIMarinas.com all rights reserved ©2011
Information on this website should be use as a guide only and should not be relied upon as the sole source of information relating to its content. Neither RIMarinas.com or
Quertz Corp. is responsible for any loss, inconvenience, damage or claims arising our of the use of the information contained on this website.
The Cruise Ship Season is Here...
Are you prepared?
Transient Boater?
Robert is a practicing attorney
at Karns Law Group located
near the port cities of Newport
and Providence, Rhode Island.
His firm focuses on personal
injury law including maritime
law. You can reach him
through www.karnslaw.com.
Personal injuries can and do occur on cruise ships