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Tuesday, April 7, 2009
Cruise Ship Injuries
A cruise ship is like a city. A random combination of people from assorted countries is packed into a certain amount of space and must somehow get along. News reports of cruise ship injuries have been increasing in recent months. All the same crimes can occur on a cruise ship as on land, such as burglary, rape and murder. All the same injuries can also occur from such actions, as well as more routine accidents such as slip-and-fall, food poisoning, and head injuries from falling objects.
In addition there are some accidents that are specific to shipboard life, such as falling overboard and nearly drowning or being bitten by a shark.
Television ads give a false, glitzy image of cruises. A cruise line does not necessarily run a background check on its crew members before hiring them. Nor does it always check into the safety records of companies providing activities in the various ports of call, such as scuba diving, tours, and fishing expeditions.
Which Laws Apply?
Generally, when you have left the U.S. on a cruise ship, U.S. law no longer applies. If you are injured while in the care of the cruise ship company, whether on board or in a port, General Maritime Law may apply, and/or the laws of the country whose flag your ship is flying. In some cases, contract law may apply, or deceptive trade practices law. However, if a death occurs, there is a U.S. law that will apply.
Death on the High Seas Act (DOHSA)
The Death on the High Seas Act covers fatalities that happen more than three nautical miles from any state’s coastline. A decedent’s personal representative can bring a claim under the DOHSA, but can claim only monetary damages. No non-pecuniary damages such as loss of consortium are allowed.
If you or a loved one have sustained a severe injury while on a cruise, it would be a good idea to consult with an experienced cruise ship injury lawyer. Prosecution of these claims can be very complex.
To arrange for a free case evaluation, please call or email our cruise ship injury lawyers today.
In addition there are some accidents that are specific to shipboard life, such as falling overboard and nearly drowning or being bitten by a shark.
Television ads give a false, glitzy image of cruises. A cruise line does not necessarily run a background check on its crew members before hiring them. Nor does it always check into the safety records of companies providing activities in the various ports of call, such as scuba diving, tours, and fishing expeditions.
Which Laws Apply?
Generally, when you have left the U.S. on a cruise ship, U.S. law no longer applies. If you are injured while in the care of the cruise ship company, whether on board or in a port, General Maritime Law may apply, and/or the laws of the country whose flag your ship is flying. In some cases, contract law may apply, or deceptive trade practices law. However, if a death occurs, there is a U.S. law that will apply.
Death on the High Seas Act (DOHSA)
The Death on the High Seas Act covers fatalities that happen more than three nautical miles from any state’s coastline. A decedent’s personal representative can bring a claim under the DOHSA, but can claim only monetary damages. No non-pecuniary damages such as loss of consortium are allowed.
If you or a loved one have sustained a severe injury while on a cruise, it would be a good idea to consult with an experienced cruise ship injury lawyer. Prosecution of these claims can be very complex.
To arrange for a free case evaluation, please call or email our cruise ship injury lawyers today.
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posted by Benjamin A. Irwin at 10:30 AM
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