Do Signed Waivers Preclude Personal Injury Lawsuits Against Cruise Lines?
The Waiver of Rights that you sign during a
cruise ship shore excursion is a pretty effective tool that corporations use to avoid the legal claims of injured cruise ship passengers. Unfortunately, courts often rule on the side of corporations when a waiver is signed.
The tickets for cruise ship tours always come with fine print. And in that fine print is usually a clause requiring an injured shore excursion complainant to file their complaint in Miami, Florida. This is done for two reasons. First, most cruise ship tours are based in Miami. Secondly, and most importantly, it’s an effective way to discourage people from filing a complaint, since most people will not be local residents.
There might also be particularly restrictive time limits on when you can file a claim. But, that doesn’t mean there is no hope for you.
Generally speaking, the more dangerous the activity you decide to participate in - scuba diving, paragliding, etc - the more likely a court will honor the signed waiver
when your shore excursion injury occurs. However, a signed waiver doesn’t totally release a cruise line company from any possible legal retaliation for a
shore excursion gone bad.
What if you are scuba diving, and you were given faulty rental equipment? Or the jet ski you rented was damaged before you got it, and sinks in the ocean... with you on it! Better yet, what if a parasail you were using had a hole in it?
The facts of each case are crucial in determining whether a signed waiver during a
shore excursion will hold up in court. Don’t assume anything about your situation until you consult a
maritime attorney who handles these kinds of cases. Once he or she has evaluated the facts of your
injury, you will know better whether or not your claim is valid, even with a signed waiver of liability.