Cruise Ship Illnesses
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Can I Sue a Cruise Ship for My Illness?
A cruise ship is considered a common carrier just like an airplane or train. For this reason, a cruise line has a duty to make sure that all passengers reach their destination safely. The cruise ship and the employees must take reasonable steps to ensure the cruise ship is safe for all guests and passengers. While the specifics of this duty may vary from state to state, generally a cruise ship must act reasonably to prevent harm to its passengers. This reasonable care standard covers protecting passengers from accidents and from crime.
Most cruise lines have a contract with their guests that may limit the cruise line's liability or limit the states in which a lawsuit may be brought against a cruise line. Often the terms of such contracts are printed on the passenger ticket.
Can I Sue a Cruise Ship for my Illness or Injury?
Getting sick on a cruise ship is not a pleasant experience. In many instances, poor health conditions on a cruise line can lead to a large-scale illness outbreak. Cruise ship injuries occur when passengers slip, trip, or fall in hazardous areas. These injuries occur when spills are not cleaned up on time, walkways are designed in a hazardous way, stairs are not designed safely, or the ship tilts unexpectedly.
If this occurs, is the cruise ship liable for your medical expenses and the lost of your enjoyment on your vacation? This depends on whether the cruise ship was negligent and whether their negligence caused your sickness. The most difficult thing about bringing a lawsuit against a cruise ship is that the cruse ship will try to hide behind maritime law since they are not on American soil when injuries occur. However, an experienced attorney can keep the case inside the United States and argue against the cruise line as being incorporated in the United States. Most cruise line tickets contain a “forum selection clause.” This means that you must file your lawsuit in a certain state where the cruise line is located.
What Are Some Common Negligent Acts by Cruise Lines?
There are many types of illnesses that can result from being in the close proximity of many people land by eating food that is produced on a large scale. Illnesses that are most common include:
- Food poisoning
- Legion fever
- Slip and fall
- Hazardous areas
- Employee negligence
- Crew error
- Vessel safety problems
These illnesses can be very severe, and can spread if the cruise ship does not take appropriate measures. Cruise line injuries can also occur on rides and attractions on the ship. Serious injuries can occur on water slides, pools, rides, and other attractions on cruise ships, especially if these attractions are not safely designed.
How Do I Prove the Cruise Line Was Negligent?
Merely alleging that the cruise line was negligent is not enough. You must also gather evidence to prove that the cruise line caused your sickness. Often times, when there is an outbreak on the cruise ship, it is easier case to prove, as there are many fellow cruisers who got injured.
What Are the Statute of Limitations for a Cruise Ship Lawsuit?
Depending on where you were injured, the statute of limitations for filing a lawsuit may be anywhere from two to six years. In some situations, the statute of limitations may be shorter. If the statute of limitations has passed, then you are out of luck and cannot file a suit to recover damages against the cruise ship. Thus, it is best to consult an attorney soon after the injury occurred. Your time to file a lawsuit against a cruise line is limited and you may want to file an injury lawsuit against the cruise ship soon if you want to be eligible to receive compensation for your injuries.
Do I Need an Attorney?
If you have gotten sick from a cruise ship, you may need to contact a cruise ship liability lawyer or a personal injury lawyer. Your lawyer can help you assess and claim your damages.
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Last Modified: 06-03-2016 11:45 AM PDT
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