Cruise ship shore excursion injuries are far too common while visiting ports. Cruise lines often argue that they are not responsible for injuries sustained while onshore. They insist that a signed waiver of liability clause means they are not responsible. Excursions are often run by independent contractors, who also make passengers sign waivers of liability, and the cruise line argues it had no control. However, the law says otherwise.
Common Reasons Why Shore Excursion Injuries Happen
Most shore excursions are fun and accident-free. However, this doesn’t mean that since most passengers return safely that these tours are safe. In fact, shore excursion accidents can be deadly, since activities expose passengers to activities not done before. Plus, safety briefings are brief due to shortened time restraints of excursions. Furthermore, tour operators may not be following rules, regulations or laws. They may not be maintaining equipment and vehicles properly. Plus, vehicles and equipment in foreign countries don’t typically have the proper safety features standard in America. Reports indicate that vehicles may be missing brake lights, seat belts or proper tire pressure. Missing these basic items could cause an accident. In addition, driver error, unsafe operation, and inexperienced employees sometimes employed only for the season could lead to accidents.
Examples of shore excursions that could lead to injuries include:
- Bus, taxi and transport vehicles
- Boating, rafting and kayaking
- Rock climbing
- Shuttle or Tender boat
- Hiking and climbing
- Horseback riding
- Snorkeling and diving
- Train rides
Types of Shore Excursion Injuries
Some of the injuries suffered may be more severe than others. While some may require simple first aid, however, others may need emergency medical attention. Regardless of where the injury happens, the outcome can be painful and sometimes deadly.
Common types of shore excursion injuries are:
- Head injuries
- Neck and spine injuries
- Broken arms
- Broken legs
- Internal injuries
- Long-term and life-altering injuries
- Wrongful death
Cruise Lines Are Liable for Shore Excursion Injuries
Cruise lines have a responsibility to warn their passengers about any known dangers in a port. If the cruise line fails to provide a warning and personal injuries occur, you may be able to hold the cruise line accountable for damages. Most of the time, they will attempt to blame you, the victim. Cruise line officials will try to claim that the waiver of liability you signed or the excursion ticket releases them from liability. They may also claim that the contractor in charge of the shore excursion works independently from the cruise line. They will argue that the contractor, therefore, does not have legal ties with the company.
However, they have an obligation to warn cruise ship passengers of known dangers. Often, an excursion ticket or contract contains clauses saying the cruise line isn’t liable. Yet, they can be help liable in certain circumstances. Courts, generally do not like to enforce such clauses and an experienced complex litigation attorney can stand up for your rights to explain to a court why a particular clause is unenforceable. This paves the way to success in your lawsuit. Therefore, your lawsuit may include the excursion company and the cruise line for neglect.
Don’t Wait to Get Help After an Injury
If you, your child, or your relative suffered a cruise ship related injury, it is important to seek medical attention as soon as possible. Once you disembark, your next step should be to get experienced legal help from a knowledgeable attorney.
At The Michael Brady Lynch Firm, our lawyers have decades of experience helping injured people get justice and full compensation for injuries caused negligence. Given that lawsuits against cruise ships are in a venue favorable to the cruise lines, it is incredibly important to have an experienced attorney with ample resources to prosecute your claim. The Michel Brady Lynch Firm regularly takes on the largest corporations in the world with a track records of proven success and results. Contact The Michael Brady Lynch Firm today, and our attorneys will review your case for free and help you protect your rights. For your complimentary consultation, call our office now.