Cruise Lines, Injuries, and the Statute of Limitations: What You Need to Know Before Setting Sail

A cruise vacation offers sun, fun, and relaxation, but it’s essential to pay attention to the fine print before you board. Specifically, if you find yourself injured or ill while on a cruise, understanding the Statute of Limitations, and how to properly notify the cruise line of a claim, could be the difference between being compensated for your injuries, or losing your rights altogether.

The Statute of Limitations: Why It Matters

When you purchase a ticket for a cruise, you are entering into a contract with the cruise line, and included in this contract are specific limitations on your legal rights. One of the most critical of these is the Statute of Limitations—the deadline by which you must file a legal claim if you are injured or become ill during your cruise.

Most cruise lines enforce a shortened period of just six months to file a lawsuit for personal injury claims. This is much shorter than the standard two or three years allowed in most states for similar claims. Additionally, the cruise contract usually requires that you notify the company in writing within the six months of the incident.

Failing to meet these deadlines could mean forfeiting any potential compensation, even if you have a valid claim. But there’s more to it than just marking your calendar.

The Misleading Comfort of Sick Bay and Reimbursements

If you get sick or injured on a cruise, it might feel natural to think that reporting the issue to the ship’s medical staff or discussing it with a cruise line representative means you’ve done your part. After all, the cruise line’s doctors may treat you, and the company may even offer cash reimbursement or future cruise credit. Unfortunately, this is where many passengers get caught in a trap.

For example, as one unlucky passenger found out, simply receiving treatment on board does not officially notify the cruise line of a legal claim. Despite being treated by the ship’s doctors for a serious stomach illness and following up with a personal physician upon returning home, this passenger continued to have serious complications. They reached out to the cruise line over the course of months, and were told to wait until the illness was resolved to begin a claim for compensation.

This advice was misleading. While the cruise line made note of the illness in their records and advised the passenger to “call back when the illness was gone,” none of these steps formally started the claim process or paused the countdown on the Statute of Limitations.

To protect your rights, you need to take specific, formal steps that go beyond medical treatment or casual conversations with customer service representatives. Cruise lines typically require:

• Written Notification of Your Claim: Most cruise contracts demand that you provide written notice to the cruise line within six months of the incident. This notice should outline the nature of the injury or illness, and your intent to seek compensation.
• Filing a Lawsuit Before the Statute of Limitations Expires: Even if you’ve been in communication with the cruise line, it’s important to file your lawsuit within the six month window. Any delay—even if the cruise line is “waiting to see how things turn out”—could result in the court rejecting your claim as untimely.

It’s vital to understand that any offers of reimbursement or compensation, or even future cruise credits, do not affect the legal timeline. These offers are separate from your formal legal rights, and should not be seen as extending your time to file a claim.

If you are injured or become ill on a cruise, here are a few steps you can take to protect yourself:

• Document Everything: Keep a detailed record of your medical treatment, both on the ship and after you disembark. If you contact the cruise line, note the names of people you spoke to, the dates of your conversations, and any written communications you receive.
• File a Written Claim Quickly: Don’t wait to see how things turn out. As soon as you recognize that you’ve been injured or become seriously ill, send a written notice to the cruise line. Do this within six months to ensure that you’re following their specific requirements.
• Consult an Attorney (Such as a Maritime Law Specialists like we are here at Herd Law Firm!): Given the complexity of maritime law and the short time frame for filing claims, it’s wise to seek legal advice as soon as possible. An attorney can help ensure that all the necessary steps are taken to preserve your rights.

Cruising can be a wonderful experience, but accidents and illnesses can happen. DO NOT assume that your interactions with the cruise line’s staff or offers of compensation mean that you’ve officially filed a claim. The Statute of Limitations in cruise line injury cases is strict, and it’s easy to lose your right to compensation if you don’t follow these laws. Protect yourself by understanding the fine print, and taking prompt action if something goes wrong while you’re on board. Safe travels!

We at the Herd Law Firm are proud to fight for seamen, maritime workers and passengers in all types of personal injury and death claims. As maritime personal injury attorneys (and sailors ourselves!) located in northwest Houston, we never waver in our commitment to help these maritime workers, passengers, and their families when they are injured or mistreated.

10/23/2024