WHAT TO DO AFTER BEING INJURED ON A CRUISE SHIP
First, if you are still on the cruise ship you need to take photographs of the location, the thing, the hazard, the person, etc., which caused you injury. Do not presume the cruise line will help you document why they caused injury to you. In fact, all cruise lines operate on the premise that “cruise lines are not the guarantors of the safety of their passengers”. That is what cruise lines file in court when an injured passenger makes a claim: they do not guarantee you won’t get hurt on their cruise ship, and they try not to pay when you do get hurt on their vessel. Recognize this: though you got on the ship as a paying a passenger, once you got hurt, your status changed from customer to “claimant”.
Second, get the names of all witnesses and their contact information. Do not presume the cruise line will 1. get the names of witnesses, or 2. that the cruise line will share the names of witnesses who will help you with your cruise ship injury case.
Third, cooperate with the cruise line security people, but know this: the security people are trained to find out why you are at fault and why the cruise line is not.
Fourth, careful on filling out the a “passenger injury statement” or “incident report”. (Different cruise lines use different names for forms they have injured passengers complete.) One constant in those forms from the cruise lines is this: there is a question on the form which basically asks you to write what YOU could have done to prevent the incident. Note: there is no question on any cruise line’s form which asks you to state how the CRUISE LINE could have prevented the incident. Some forms are tricky and ask you whether the accident was just “unavoidable”, or “no one was to blame”, or “it was just an accident”. Recognize this: when you make your claim for injuries, medical bills, lost wages, etc., you will be confronted with the incident report you filled out on the ship. The words you write on that incident report will be used against you.
Fifth, report the incident to the infirmary, to “guest services” and to security. Many cruise lines try to defend against cruise ship injury cases by saying the cruise line was never notified by the passenger of an injury or defect of the ship while the passenger was on the vessel. The cruise lines imply therefore that: 1. The injury must not have been very serious, or 2. They suggest that no injury incident occurred at all.
Sixth, make sure you get a copy of the “incident report” (a/k/a “passenger injury statement”) you completed on the vessel. The cruise lines almost never give over a copy of the incident report that they complete through their security team. Nor do they typically give over any photos or videos they took about the injury incident.
Seventh, recognize if you are still on the vessel when you have apprised the cruise line personnel of an injury incident, they will monitor whether you go on any shore excursions, whether you go ashore at all, your alcohol consumption, and your activities on board the vessel. None of this will be for your benefit.
Eighth, recognize the doctor is on the side of the defense of the cruise line. Yes, they are independent contractors typically, but the doctors understand they are there to treat the injuries and to document why the incident was not the fault of the cruise line. Make sure after you leave the infirmary you write down everything you told the doctor. Write down everything the doctor told you. It is best when you go to the infirmary that you have someone else there with you to document the interaction. Secondary to this is that once you return home, do not delay medical treatment. The cruise lines always mention that “Ms. Smith waited a week (or two weeks, etc.) to seek medical treatment once she returned home”. The suggestion used later by cruise line defense attorneys is: 1. The incident must not have been that severe, or 2. Any injuries claimed must not have been caused by the “alleged” incident on the cruise line vessel.
Ninth, recognize that all of the cruise lines hide behind the “we didn’t know about it” excuse when an injury occurs. Slip on a wet deck? The cruise line will claim they didn’t know about it. Sit in a chair that breaks and get injured, the cruise lines will say they didn’t know the chair was going to break. If some cruise equipment fails, breaks, or falls on you, etc., … the cruise lines say “we had no notice of it”.
For Any slip and falls, be prepared/gather info to answer these three questions:
- Can you say how the fluid or foreign substance got on the floor?
- Can you say how long the fluid or foreign substance was on the floor?
- Can you prove the cruise line knew about the fluid or foreign substance on the floor?
Ten, Don’t wait to hire an experienced cruise ship attorney. Cruise ship law is not the same as automobile accident law. Don’t hire an attorney who has never done a cruise ship injury attorney. Hint: if the attorney is not licensed in Florida—where most cruise ship injury claims have to be filed—you are likely wasting your time because the cruise lines know who can sue them and who cannot. Be quick. For most cruise ship injury cases the statute of limitations is only 1 year. Talk to a maritime attorney about the specifics of your case to protect your rights.
About the author: Frank D. Butler, Esquire is an 8th-generation Florida native who has practiced in maritime law for more than 25 years. He has filed suit against cruise lines in hundreds of cases and successfully recovered for deserving injured cruise ship clients. He has taken depositions of hundreds of cruise ship employees, and depositions of corporate representatives of the major cruise lines.
