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You cannot assume that normal rules that apply to all personal injury lawsuits will be in effect in a cruise ship injury case. The California cruise ship accident attorneys at the Law Offices of Preston Easley, APC can explain how your case may proceed.
In a sense, cruise ships are allowed to set some of their own rules as to how they may be sued. For example, many cruise Lines include a clause with your ticket that chooses where they can be sued. Some cruise lines will force you to file suit in Florida, although Princess Cruise Lines may allow for a suit in Los Angeles. While some oppressive contracts are not enforced by the court due to it being unconscionable, cruise lines have a long history of being able to dictate how and when they are sued.
Cruise ship injury claims follow different rules than ordinary personal injury cases. Speak with a maritime lawyer at the Law Offices of Preston Easley, APC to understand your options. Call us at (310) 773-5207 for a free initial consultation.
Your Cruise Ship Ticket Can Become a Binding Legal Contract
Cruise lines can attach all sorts of conditions to your ticket, and buying the cruise creates a legally binding contract between you and the company. For example, cruise lines include a clause with your ticket that prohibits passengers from joining together in a class action lawsuit. No matter how much passengers fight this, and other restrictions, they almost uniformly lose in court. As long as the ticket contains relatively Fair provisions, the cruise line can present you with a “take it or leave it” offer.
You may be wondering why cruise lines can consistently do this and get their way in court. The issue is that cruise companies operate in international waters, and they are not subject to state law. For example, each state would have its own statute of limitations, but that does not apply because those exist on the state level. Federal maritime law specifically allows cruise lines to give you a limited window to file a notice, and they can even shorten the amount of time that you have to sue.
Cruise Lines Impose Notice Requirements for Lawsuits
One of the major ways that cruise lines get to create their own playing field is by creating a notice requirement that is part of your ticket. You must provide the cruise company with a Notice of Claim Letter. Typically, your contract states that you must file this notice within 6 months of your injury. If you do not file in time, your case would be dismissed. There are limited exceptions to this rule, such as when the cruise company had immediate and independent knowledge of the injury and the circumstances, and their ability to investigate was not impacted by the delay.
While the Notice of Claim does not function in the same way as a personal injury lawsuit, you still need to present the cruise line with a relatively comprehensive document. The Notice of Claim includes:
- Identifying information about the passenger who was hurt
- The date and time of the incident
- The location on the ship where the injury occurred
- The factual circumstances surrounding your injury
- The nature of the injury that you sustained
Your letter should be a formal communication, and not just a part of a complaint email that you are writing to customer service. Instead, you must address the letter to the legal department and state that it is a Notice of Claim.
All of this means that you need to act quickly after you have been injured on a cruise ship. You should not try to present any notice to the cruise line on your own because it could harm your case. Rather, you should work with an experienced cruise ship injury attorney who can investigate and develop your case for you. The compressed time frame means that you do not have time to wait. Not only must you file a notice of claim within 6 months, but cruise lines have also shortened your time frame to sue. The typical cruise line imposes a one-year statute of limitations on lawsuits. If you miss either deadline, you can lose the right to file a lawsuit entirely.
Contact a Los Angeles Cruise Ship Injury Law Firm
Cruise lines often try to limit their liability through fine print. Let our California cruise ship injury attorneys review your ticket and explain your legal path forward. Time is of the essence, so call us today at (310) 773-5207 or send us a message through our website to schedule a free initial consultation.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
