Introduction
Every year, thousands of American citizens are injured by various reasons on cruise ship accidents. There are many different cruise liners, most of which leave port from the state of Florida. Injuries such as slip and falls, bacterial infections, food poisoning, sexual assault, and overboard jumps are just a few different types of injuries that can occur. Cruise liners have the responsibility of informing their passengers about how and when to bring an injury claim before boarding. This information is typically found in the ticket contract purchased by the passenger of the cruise liner. Most often, cases must be filed in writing within 185 days of the injury or death.[1]
Maritime Law
Once a cruise ship leaves port, it is regulated under Maritime Law. Maritime law generally establishes under 46 U.S.C. § 30106, that a three-year statute of limitations for bringing a civil action for personal injury is the statute of limitation. However, this statute of limitation is subject to change due to the location and the international waters of the claim itself occurs. (46 U.S.C.S. § 30106 (LexisNexis, Lexis Advance through Public Law 117-166, approved August 5, 2022). Sometimes other local rules may apply if the ship is, for example, docked at a port abroad. Other restrictions may also be placed by the cruise liner regarding filing a claim. For example, under 46 U.S.C. 30508(d), if a minor on board the cruise liner is injured or killed, the extension of the statute limitations is permitted up to the extent of three years. Of course, this is not the general rule for maritime law and statute of limitation, but only rather an example of a claim that could extend up to three years.[2]
Injury Criteria
There are several different types of injuries that are compensable under Maritime law and local regulation. Some of these injuries include things such as slip and falls, damaged luggage, lost luggage, personal injuries, batteries, sexual assault, bacterial infections, food poisoning, and other maritime torts of the like.
Michael Brady Lynch Firm
If you or a loved one have been injured on a cruise ship, please give us a call here at the Michael Brady Lynch Firm. We are experienced attorneys that handle cruise ship litigations and maritime law cases. Our number is 888-585-5970.
Date: Sept 8, 2022
Author: Brandon Salter
[1] https://www.abajournal.com/magazine/article/plaintiffs-attorneys-suing-cruise-lines-must-navigate-a-boatload-of-challenges-unique-to-the-industry
[2] https://plus.lexis.com/document/documentlink/?pdmfid=1530671&crid=b0d29c47-a04f-452b-86bd-f082a4556fc4&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical-materials%2Furn%3AcontentItem%3A5TPS-C4B0-R03K-N4XK-00000-00&pdcontentcomponentid=443028&pdproductcontenttypeid=urn%3Apct%3A24&pdiskwicview=false&pdpinpoint=TAADAAB&prid=38d92cf7-83a8-4705-9468-271f7c0e3af9&ecomp=1gntk
