Personal Injury: Can Passengers File a Claim Against a Cruise Ship Operator or Owner?

Cruises are a common vacation choice for people. But when folks board a cruise ship, they may be oblivious to the fact that they are entering a nasty legal place where they are given inadequate legal protection and where the rights to file a case against such a company for loss of life or personal injury may be extremely limited.

Cruise Ship Law: Current State

Many of the statues that protect the cruise passengers’ safety can be found in the “Cruise Vessel Security and Safety Act.” This law imposes numerous requirements related to the reporting, detection, and prevention of crimes and storing of evidence.

The California Coalition Against Sexual Assault stated that the Act’s passage was prompted by a vocal sexual assault victim aboard a cruise ship.

Folks getting ready to go on board the cruise ship.

After the plaintiff (victim) spoke up, congressional hearings discovered the insufficiency of safety requisites aboard cruise ships; thus, legislatures took measures to attempt to make passenger vessels much safer for passengers.

Among the new conditions, for instance, is a decree that passenger doors should be equipped with a way of visual ID, like peepholes. Also, passengers should be offered a security guide that details how victims can report crimes to the United States law enforcement, irrespective of where the offenses are committed.

When an offense does take place, the Act also executes mandates on lines intended to make it much easier for the protection of the victim as well as prosecute the misconduct. For example, credentialed medical workers should be on board and should help victims who’ve suffered sexual assault.

Moreover, staff members should undertake a routine training on reporting, detecting and preventing crimes and evidence preservation.

On the other hand, while the Act aids to make passengers safer by stopping criminal activity, a The Hill’s article reveals that it doesn’t tackle disaster preparedness, nor tackle the responsibility of a ship captain to his or her passengers in case a disaster takes place aboard a ship.

A variety of local and international laws do offer limited protection to cruisers by guaranteeing the sufficiency of safety equipment. Like, the SOLAS (International Convention for the Safety of Life at Sea) orders that adequate lifeboats should be given for all cruisers and that passenger ships should be split into water-tight compartments in case a hull is damaged, the vessel remains stable and afloat.

At Funchal Harbour

Fire protection procedures, radio communication rules, and safe navigation mandates are all also covered as part of SOLAS.

To make sure that satisfactory safety measures are set up, the United States Coast Guard requires that any ship that picks up passengers at United States Ports should adhere to provisions in SOLAS. Additionally, cruise ships are bound by inspection in where the ships are listed.

Also, the International Safety Management Code offers protection for cruisers by requiring that captains be fit for service. On the other hand, a captain’s duties are left mainly to owners to define.

While captains are likely to make choices when it comes to safety regarding their prevailing authority, there aren’t mandates set up requiring that a captain needs to remain with a ship that’s going down.

Final Thoughts

Cruise ships are just one of the places where personal injury cases take place. There are personal injury cases on the road, in the workplace, inside the hospital, etc. These personal injury cases can get complicated and troublesome if not dealt with correctly at the expense of your compensation.

In case personal injury, it would be in your best interest to contact a personal injury lawyer. An experienced attorney will spare you a lot of the headache involved in these situations and help you make a claim.