Can You Claim Compensation for a Cruise Ship Injury?
Yes, you can claim compensation for a cruise ship injury, but only if you can prove that the cruise line is responsible for your damages.
Can you sue a cruise ship?
If you’ve been injured on a cruise ship, you might notice that your ticket limits your ability to bring a lawsuit. But actually, this is very misleading. If you have been harmed because of another person’s or organisation’s negligence, then you are entitled to bring a personal injury claim. This applies to a wide range of scenarios, including injuries sustained on cruise ships.
To sue a cruise ship, you must establish that the cruise line was negligent. Negligence means that the cruise line:
- Owed you a duty of care; and
- This duty of care was breached; and
- This breach of duty caused you to suffer an injury or illness that could otherwise have been avoided
Cruise ship’s duty of care
The first point is easy to establish. Cruise lines owe their passengers a duty of care. This involves maintaining the cruise ship in a reasonably safe condition, and warning passengers of any potential risks. Cruise lines are also responsible for ensuring the safety of their passengers while they are on organised excursions and on tenders.
Was this duty of care breached?
The big question is whether or not the cruise line breached their duty of care towards you. This all depends on the circumstances. If the cruise line (or their employees) acted in a way that could not be considered ‘reasonable’, then it amounts to negligence. For example, if you fall down the stairs because of a broken handrail, then the cruise line has not acted reasonably. It should have identified and repaired the handrail. But if you fall down the stairs because you were looking at your phone, then the cruise line cannot be blamed.
Did this cause you injuries?
The final element is to establish a link between your cruise ship accident and your injuries. You cannot make a claim unless you have suffered some kind of damage, be it physical, emotional or financial. An illness can also be considered a type of injury, such as food poisoning or an infectious disease.
If all three factors can be established, then the cruise line is negligent and you are entitled to bring a personal injury claim.
How do I sue a cruise ship?
Suing a cruise ship is complicated by the matter of geography. Your accident or illness might have occurred outside of Canadian waters. Some cruise lines also state that you have to bring a claim in a particular city or jurisdiction. Our Vancouver personal injury lawyers can examine the terms and conditions of your ticket, after which we can advise you of your options. If British Columbia was your departure or arrival point, there is a good chance we can help you.
Vancouver cruise ship injury lawyers
If you have been injured on a cruise ship, or you have suffered an illness on board, contact our Vancouver personal injury lawyers. It does not matter what your cruise ship ticket says: if you have been harmed because of the cruise line’s negligence, or your loved one has, then you are entitled to compensation. The cruise line is responsible for the actions of its employees, so even if you think an employee is to blame, a claim is still made against the cruise line.
Cruise lines sometimes set their own rules regarding limitation and notice periods. The limitation period is the amount of time you have to bring a claim. The notice period is the amount of time you have to inform the cruise line that you intend to file a lawsuit. The notice period can be particularly tight, so do not delay in getting early legal advice.Go back to Blog