Client Alert  10/6/2011

Been Injured While On A Cruise?

From our Personal Injury Department comes a client alert for anyone planning on taking a cruise in the near future or for anyone that may have been injured while on a recent cruise.  The operative word for someone reading this alert that may have suffered a cruise-related injury is "recent". 

Although statute sets the time for filing claims against a cruise line (which is generally 3 years), cruise lines have been given the ability to subvert the statute by setting its own time limitations.  In most cases, this has been shortened to one year with a condition precedent that a notice of claim be filed within 6 months of the date of accident.  In other words, simply filing an action within the year may not be enough resulting in the claim being barred from going forward.

Your passenger ticket contains the terms of passage.  It is treated as a binding contract.  The ticket typically includes not only the time provisions above-stated but provisions concerning where you can bring an action, limitations of monetary liability (compensation for pain and suffering), limitations of liability for injuries sustained during shore excursions and limitations on baggage value.

If you sustain injury while a passenger on a cruise, your right to be compensated for your physical or emotional damage may be severely limited in time and scope.  It is important to consult with an attorney familiar with the pitfalls and traps that cruise lines use to limit their exposure.  Should you find yourself in need of a cruise related injury lifeboat, please contact Barr, Post & Associates, PLLC.