Avoiding The Pitfalls

It is estimated that more than 9 million passengers travel on cruises departing North American ports each year. Cruise ships are not merely common carriers, they are virtual floating cities, and like any city, injuries and deaths occur due to negligence. The litigation of cases involving the cruise lines is replete with procedural and substantive pitfalls that can trap all but the most seasoned cruise ship litigators.

Special consideration must be given to a shortened statute of limitations and forum selection clauses. For injuries or deaths stemming from negligence associated with cruise ships, the contract, which is usually contained in the passenger ticket package, typically provides that a passenger must provide notice of a claim to the cruise line within six months of the date of the within one year. In addition, the passenger ticket package typically contains a forum selection clause dictating where a claim must be made. It does not matter where the passenger resides, where the cruise ship departed, or where the injury occurred; the forum selection clause controls.

In addition to these procedural requirements, limitations on liability and damages often act to bar or limit claims. As it relates to medical malpractice committed by ship board physicians, the majority rule across the circuit courts is that a cruise line that otherwise employs a competent medical professional, is not liable for the negligence of the doctor. Pursuing these doctors individually is very nations and carry no insurance. Passenger deaths present their own as the Death on the High Seas Act (DOHSA), severely limit the ability to recover compensation. The DOHSA provides a wrongful death remedy limited to pecuniary damages for fatalities on the high seas. There is no recovery for pain and suffering.

For these reasons and many more, special consideration must be given to cases involving injury or death stemming from cruises. Gersowitz Libo & Korek, P.C. welcomes all inquiries concerning incidents involving cruise ships.

Recent Posts

Second Death Reported Following Upper East Side Legionnaires’ Disease Outbreak

Two People Died After 72 People Infected From Legionnaires’ Disease Outbreak Linked to the Upper…

2 days ago

Cyclosporiasis Parasite Linked to ‘Explosive Diarrhea’ Spreads to 50 People Across Suffolk County

Cyclosporiasis Outbreak in Suffolk County May Be Linked to Contaminated Produce SUFFOLK COUNTY, CALIFORNIA (July…

4 days ago

Child, Adult Injured in Lindenhurst Car Accident With Turning Van

Van Was Traveling Westbound on Spiegelhagen Street Before Hitting Two Pedestrians While Turning LINDENHURST, NEW…

5 days ago

NYC Health Officials Order 76 Buildings to Clean Their Cooling Towers as Legionella Outbreak Spreads

Schools, Nursing Homes, and Met Museum Among Buildings Ordered to Clean Cooling Towers After Another…

6 days ago

Man Injured in Suffolk County Residential Fire

Elderly Man Seriously Injured in Smithtown House Fire Along 115A Oakside Drive SMITHTOWN, NEW YORK…

6 days ago

Pedestrian Killed in East New York Garbage Truck Accident

Investigation Underway After Man Killed in East New York, Brooklyn Pedestrian Accident With Garbage Truck…

6 days ago