3 Legal Rights Every Cruise Ship Passenger Should Know Before Boarding

Cruise ship

Cruise vacations are meant to be a blast, all fun and relaxation, but most people board without truly knowing their legal rights and protections.

While cruise lines advertise their ships as amazing floating paradises, they’re subjected to some sophisticated maritime laws that are rather different from the legal protections you find on land.

Knowing your rights as a cruise traveler is therefore essential to keeping you and your family safe if something goes wrong on your holiday.

Your Right to Safety and Protection from Criminal Activity

When you step aboard a cruise ship, the company owes you a minimum duty of care that extends far beyond basic hospitality.

Cruise ships are governed by maritime law, which holds cruise companies to a standard of reasonably safe and secure onboard conditions for their customers, including protecting them from foreseeable criminal acts.

That duty is particularly crucial when it comes to egregious crimes like sexual assault, which occur on cruise ships with disturbing frequency.

All these passenger safety regulations have really changed during the past 10 or so years, mainly because of some advocacy campaigns and legislation like the Cruise Vessel Security and Safety Act of 2010.

The act requires cruise lines to report major crimes to federal authorities and have certain security features in place, like cameras and locked cabin doors.

Yet even with all this, crime does occur, and when it does, passengers get themselves into complicated legal scenarios that need specialized help.

When crimes go down on cruise ships, victims often find out that the usual legal options they’d have on land don’t work the same way at sea.

Factors like where the ship is registered, where the incident happened, and the nationalities of the people involved all matter in figuring out which laws apply and where you can take legal action.

For instance, if it’s a case of sexual assault or some other violent crime, passengers might need to partner with cruise ship rape attorneys who know maritime law and can handle the difficulties these situations often bring up.

These legal experts are all about holding cruise lines accountable when they drop the ball on safety or when their staff does something criminal against passengers.

Your Right to File Claims within Contractual Time Limits

Perhaps nothing about cruise passengers’ rights is less well known than the strict time limits that apply to legal claims.

In contrast to the usual personal injury cases on land, which give several years to sue, passenger claims on cruise ships come with severely shortened time limits that unsuspecting passengers and their families might not know.

Most big cruise lines only give you a year from the time something happens to sue them.

That’s a real deadline enforced by the U.S. Supreme Court.

It’s not negotiable, no matter how bad the injury or how careless the cruise line was.

You must also give them written notice of your claim within six months of the accident and tell them exactly what happened.

The penalties for failure to meet these deadlines are firm and unforgiving.

Courts will also dismiss even the strongest cases if they’re filed after the contractual time limits have passed.

This harsh truth is the reason that passengers need to have an attorney as quickly as possible after any major accident on a cruise ship, and not wait to see what becomes of their case.

Your Right to Compensation Under Maritime Liability Laws

Under general maritime law, cruise lines owe a duty of reasonable care toward passengers and are responsible when their negligence results in injury.

That reasonable standard includes everything from safe walking spaces and adequate illumination to competent medical care and adequate food handling.

When cruise lines fail in this duty, passengers may recover damages for medical costs, lost wages, pain and suffering, as well as other damages caused by their injury.

Similarly, the calculation of damages in cruise cases frequently involves special considerations not found in land-based cases.

For example, medical care received on ships can be second-rate, necessitating follow-up remedial treatment when passengers return home.

The confinement of a cruise ship may also increase physical injury and emotional trauma, issues that experienced maritime attorneys know how to effectively document and present accordingly.

One of the defining characteristics of maritime liability law is that cruise ships can’t limit liability for negligence through contractual disclaimers.

While passenger tickets include a myriad of limitation of liability provisions, courts have repeatedly asserted that cruise ships can’t contract away from their obligation of reasonable care to passengers.

This doctrine allows passengers to still have significant legal remedies even in the presence of extensive contractual limitations.

Endnote

Cruise vacations are supposed to be a time to relax and have fun, and to make that happen, it’s crucial to know your rights before you go on your next trip.

The entire maritime law thing can be baffling to holidaymakers who deserve justice when something goes awry.

As a result, you must work with an expert and know your rights to have the power to make smart choices and take action if your cruise drops below decent safety standards.

Chelsea Wilson
Chelsea Wilson is the Community Relations Manager for Washington University School of Law’s distance learning LLM degree program, which provides foreign trained attorneys with the opportunity to earn a Master of Laws degree from a top-tier American university from anywhere in the world.

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