Learn More About Cruise Ship Excursion Injury Claims
Cruise ship shore excursions are often a major part of the activities offered to passengers on a cruise; however, when a shore excursion injury occurs, you may not know your rights and the company that is responsible for the damages. Most cruise ships port every day at a dock for passengers to enjoy a large variety of exotic ports for normally around 10 hours per day. This can be very exciting for those who wish to visit more than one location during their vacation; however, when something goes wrong, many times the fingers are pointed in different directions, as to the company that is responsible for your shore excursion injury.
In many cases, even if you did purchase the excursion tickets through your cruise line company, it does not mean that the shore excursion is owned by the cruise line. You will need to read your ticket very carefully. Some cruise lines state, they are only acting as the agent of the shore side tour operator. Cruise lines often form a “business relationship” with shore side tour operators for their passengers to enjoy a shore excursion through various tour companies in the locations that the cruise ship will dock for a few hours. In these cases, the cruise line may not be liable if you are hurt on a cruise ship excursion. Talk to a maritime attorney about the details of your case and injury to see who is liable for your cruise ship shore excursion injury.
You may ask the tour company for a refund if you were injured and unable to travel on the tour. You more than likely will be told to talk with the cruise line. Once you talk with the cruise line, they may tell you that the tour company is liable. This can be very difficult especially if your injury prevented you from enjoying not only the tour but also the rest of the cruise.
The cruise line is making commission on every person they book to take the tour; however, they do what they can to avoid being responsible if someone is hurt on a cruise ship excursion.
You must read the brochure thoroughly to understand who is responsible for your safety and care while enjoying a shore excursion. If the tour operator is truly responsible, you may be in for a long road ahead and will need the expertise of a maritime lawyer if you wish to see anything come of your lawsuit. Many times, the tour operators are operated by a foreign company, and it can be very difficult to sue a foreign company if you do not have an experienced maritime attorney by your side.
There are cases, where you will dock at islands with tours that are part of the cruise line itself. In these cases, the cruise line themselves is responsible for your safety.
You will find many times that both the tour operator and the cruise line will claim that there is no jurisdiction to sue them in the United States. The only way to ensure you know your rights and what you can expect if you are a victim of a shore excursion injury is to talk with a cruise ship attorney.
Read your ticket as it will have pertinent information regarding any type of accident while on the cruise, including shore excursion injuries. The majority of the time, there are requirements such as notifying the cruise ship security of your shore excursion injury immediately as well as filing for monetary damages within 6 months.
The most common types of shore excursion injuries; include, slipping and falling, twisted ankles, minor bruises, injuries sustained in accidents, and criminal assaults (such as theft or sexual assault).
Who Can Sue
If you are or loved one were hurt on a cruise ship excursion, you may be entitled to compensation. Depending on your cruise line ticket and tour ticket, you may have requirements to meet, such as notifying the cruise line of your injuries within a specific time frame. It is important that if you were a victim of a shore excursion injury that you notify the cruise line immediately, even if they explain that they are liable for your injuries.
The only way to ensure that you can file a lawsuit for your injuries is by contacting a cruise ship or maritime attorney. A personal injury or maritime attorney knows the ins and outs of the laws regarding your shore excursion injury. The cruise ship lawyer will know how to properly investigate your injury and bring the responsible company to justice.
The amount you can recover, if you were hurt on a cruise ship excursion, depends on many different factors, including the end result of your injury. Many of the aspects of your shore excursion injury may have to do with various maritime laws or could be under state or federal laws, according to where the injury occurred. For coastal waters or US territorial waters, the cruise ships are governed by state and federal laws; whereas, if you are in international waters, then your shore excursion injury will be governed by maritime laws. Along with this, what is printed on the back of your ticket and on the brochure for the tour has quite a bit to do with the liable party.
In order to recover medical expenses, pain and suffering, lost wages, and intangible damages, which includes the loss of enjoyment of life, you will need to consult with a qualified and experienced accident attorney that understands how to battle on your behalf if you were hurt on a cruise ship excursion.
If you are a victim of a cruise line injury, you should get the names, addresses, and telephone numbers of all witnesses, visit the ships doctor to document your injuries, and immediately report the injury to the cruise line as well as to the security office aboard the ship.