Maritime Law,

Masterfully Delivered

top rated maritime accident
& personal injury attorney

Why You Need to Act Quickly When You Have Been Injured on a Cruise Ship

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. 

Cases We Handle

maritime-worker

Longshoremen & Shipyard Workers

Longshoring and shipyard work are very dangerous occupations. Workers in these fields, along with marine construction workers, are covered by the Longshore and Harbor Workers’ Compensation Act, a very generous no-fault workers’ compensation system. It covers medical expenses, temporary disability, permanent disability and vocational rehabilitation.

Jones Act Seamen

Jones Act Seamen

A seaman is a member of the crew of a vessel or group of vessels under common ownership or control. The vessel can be anything from a raft to a cargo ship. We represent seamen who work aboard recreational vessels, tugboats, dredges, barges, skiffs, workboats and cargo ships. We also represent seamen who are marine construction workers.

Diving

Diving

We represent people who have been injured in SCUBA diving accidents and Commercial diving accidents. We also handle diving boat accidents. Diving can be very dangerous. We successfully represented a commercial diver who was seriously injured while cleaning the propeller of a U.S. Navy ship at Pearl Harbor

Construction & Industrial Accidents

Construction & Industrial Accidents

Construction and industrial sites can be very dangerous. Although you generally cannot sue your own employer for a construction site or industrial accident (generally workers’ compensation is your exclusive remedy against your employer) there are many circumstances in which you can file a third party lawsuit against an entity other than your employer for an unsafe condition at a work site which causes you to be injured

Crane & Forklift Accidents

Crane & Forklift Accidents

The Easley firm has extensive experience with crane and forklift accidents and workplace accidents involving dangerous equipment and machinery. These accidents can be caused by operator error and they can be caused by the unsafe and defective condition of the equipment

Motor Vehicle & Truck Accidents

Motor Vehicle & Truck Accidents

Motor vehicle accidents can result in serious injury and death. These kinds of accidents can involve automobiles, trucks, motorcycles, bicycles, pedestrians and unsafe road design and unsafe road conditions

Passenger Vessel Accidents

Passenger Vessel Accidents

Passenger accidents are common on recreational vessels, catamarans, tour boats and cruise ships.  They are frequently caused by rough sea conditions and unsafe conditions aboard the vessels.  The Easley firm has extensive experience in the field of maritime law.  We have made new law in the field of maritime law with numerous precedent setting decisions in the State Appellate Courts, the Ninth Circuit Federal Court

Defense Base Act

The Defense Base Act is an extension of the Longshore and Harbor Workers’ Compensation Act which covers civilian employees of U.S. defense contractors injured overseas, including war zones. The Longshore and Harbor Workers’ Compensations Act as extended by the Defense Base Act is a very generous no fault workers’ compensation system

Areas Where We Practice

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.

  • LOS ANGELES
  • LONG BEACH
  • SAN PEDRO
  • WILMINGTON
  • SAN BERNARDINO COUNTY
  • SAN DIEGO
  • CHULA VISTA
  • NATIONAL CITY
  • IMPERIAL BEACH
  • RIVERSIDE COUNTY
  • VENTURA
  • OXNARD
  • SANTA BARBARA
  • PORT HUENEME
  • ORANGE COUNTY
  • OAKLAND
  • SAN FRANCISCO
  • STOCKTON
  • SACRAMENTO
  • NEWPORT BEACH
  • MORRO BAY
  • CARPINTERIA
  • RICHMOND
  • SAN RAFAEL
  • SAN LUIS OBISPO
  • MONTEREY
  • VALLEJO
  • MARE ISLAND
  • LAKE HAVASU
  • DANA POINT
  •  
  • HONOLULU
  • BARBERS POINT
  • NAWILIWILI
  • PEARL HARBOR
  • MAUI
  • HILO
  • KONA
  • LAHAINA
  • SAND ISLAND
  • KAUAI
  • KAHULUI
  • KAWAIHAE
  • KIKIAOLA
  • KAILUA
  • OAHU
  • LIHUE
  • PORT ALLEN
  • NA PALI COAST
  • KANEOHE
  • BIG ISLAND

Let Us Get You The Compensation You Deserve

Preston Easley is an experienced lawyer with considerable expertise in handling federal and state personal injury cases. He will aggressively seek the maximum amount of compensation you are entitled to receive. Attorney Easley represents victims of serious and fatal accidents involving cars, trucks, construction projects and maritime work.

Construction Workers We Help
  • Crane and Forklift Operators
  • Pile Drivers
  • Scaffold Workers
  • Iron Workers
  • Carpenters
  • Electricians
  • Operating Engineers
  • Electricians
Maritime Workers We Help
  • National Steel and Shipbuilding Company (NASSCO) Shipyard Workers
  • Manson Construction Company Workers
  • Manson Dredging Workers
  • Dutra Dredging Workers
  • Commercial Divers
  • Scuba Divers
  • Commercial Fisherman
  • Government Maritime Claims Against the Navy, Army Corps of Engineers, or the US Coast Guard, etc.
  • Marine Construction Workers
  • Offshore Oil and Gas Workers
  • Seamen
  • Shipyard Workers
  • YYK Enterprises, Inc.
  • Pacific Tugboat Service
  • Long Beach Container Terminal
  • Tugboat, Dredge, Longshoremen, and Ferry Workers
  • Barge Crews and Barge Workers
  • Marisco Limited
  • HL Welding
  • SSA Marine
  • Catalina Express
  • R.E. State Engineering
  • Shimmick Construction
  • Nova Group
  • American Scaffolding
  • Safway Scaffolding
  • Kirby Tugs
  • Crowley Tugboats
  • P&R Water Taxi
  • Continental Maritime
  • Pacific Ship Repair
  • Seaward Marine
  • Healy Tibbitts
  • General Construction
  • BAE Shipyards
  • South Coast Welding
  • Matson
  • Pasha
  • Hawaii Stevedores, Inc.
  • McCabe, Hamilton & Renny
  • Young Brothers
  • Sause Bros.
  • Foss Maritime
  • Fenix Marine Services
  • ITS
  • Total Terminals
  • TraPac
  • PCMC
  • Maersk
  • Yang Ming
  • China Overseas Shipping
  • Evergreen
Boating Accidents
  • Catamaran Accidents
  • Charter and Tour Boats
  • Cruise Ship Accidents
  • Passenger Accidents
  • Jet Ski and Personal Watercraft
  • Motorboat Accidents
  • Recreational Accidents
  • Scuba Diving Accidents
  • Speed Boat Accidents
  • Yachts and Sail Boat Accidents
  • Repair Accidents
  • Crew Accidents