Cruise ship injuries occur more often than one might think and generally include the same type of injury you’d see at a hotel, such as a slip and fall. However, many don’t realize that incidents of sexual assault and rape are generally higher on a cruise ship than in a hotel setting. In addition, filing a lawsuit for an injury received on a cruise ship may be more difficult than most would imagine due to the complicated jurisdictional issues involved.
I have to file where?
If you live in Ohio and take a cruise out of Florida on a ship that is incorporated in California, where would you file a lawsuit if you were injured? The answer might surprise you – wherever the cruise ship company tells you to file it. It seems odd, but most cruise ship tickets contain a venue provision that specifies where a passenger must file a claim if injured on their ship. Adding insult to injury, most cruise ships require passengers to file suit in a state completely unrelated from where the cruise departed.
According to Thomas Stolpman, a partner with Stolpman, Krissman, Elber & Silver, “They do this to discourage passengers from bringing suit, which must generally be brought within one year of the injury. Jurisdictional and statute of limitations issues aside, consumers should understand that maritime law is a very specialized field. General practice attorneys may not fully understand the theories of law that are applied in these types of cases. When seeking a qualified attorney, it’s important to not only ask them about their experience in maritime cases, but to inquire into their trial experience as well.”
Damages
Cruise ships have a duty to transport passengers safely while on board. However, when injuries occur, passengers may file suit against the company that operates or charters the ship, the owner of the vessel or the company that sold them the ticket and recover for damages, including medical expenses, lost wages, death and pain and suffering. Unfortunately, punitive damages are generally not available in maritime cases.
