Have you had a negative experience while on a cruise? Whether you were injured, your property was damaged, or you were simply unhappy with the level of service you received, you may wonder how to file a claim against the cruise line company. This article will outline the process of filing a claim and some tips for increasing your chances of success. Remember that every case is unique, so it is crucial to speak with an attorney before proceeding with any legal action. “Here’s how my company can help you.”
Before discussing how to file a claim against a cruise line company, it is vital to understand the common types of claims brought against these companies. Here are the frequently reported complaints:
Food poisoning – Food poisoning is one of the most common complaints against cruise lines. And If it is unchecked, it can quickly spread throughout the ship, affecting many passengers.
Injuries – Passengers can be injured in various ways while on a cruise ship. For example, they may slip and fall due to a wet deck or defective stairs. They could also be injured by debris that falls from overhead or by poorly maintained equipment.
Poor service – Some passengers complain of poor service from the cruise staff. This can include everything from rude or unprofessional behavior to a failure to provide adequate service.
Swimming pool accidents – Several accidents occur involving swimming pools on cruise ships. These accidents can be severe and even fatal, from slips and fall to drowning.
Falling overboard by passengers– Although it is rare, passengers have been known to fall overboard from cruise ships. This can occur for various reasons, including intoxication, lousy weather, or simple carelessness.
Now that you know some of the most common complaints against cruise lines let’s look at how to file a claim. First, let’s discuss filing restrictions and Maritime Laws.
Filing Restrictions And Maritime Laws
Maritime Laws govern cruise ships. These laws are different from the laws that govern land-based businesses. As a result, there are different rules and procedures that must be followed when filing a claim against a cruise line. Here are a few things to remember:
Ticket Terms Are Legally Binding
Your cruise ticket is a contract between you and the cruise line. This contract outlines the terms of your cruise, including barring you from taking legal action against the company except in limited circumstances. The ticket will state exceptions to this rule, such as if the company is guilty of gross negligence or willful misconduct.
You Must File Your Claim At The Cruise Line’s Headquarters
Maritime Law requires that all lawsuits against a cruise line be filed at the company’s headquarters. Regardless of where you live, whether out of the country or the state, you must travel to the company’s headquarters to file your claim. This can be a complication, as it can be expensive and time-consuming to travel.
The Statute Of Limitations Is Shorter For Maritime Claims
Under Maritime Law, the statute of limitations, or the time limit in which you can file a claim, is shorter than for land-based businesses. Generally, you have one year from your injury or the date you should have reasonably discovered your injury to file a claim.
You Must Prove Fault
Since the cruise ship takes the highest duty of care under maritime law, you, as the plaintiff, will have to prove that the company was negligent in some way. This will involve you showing evidence that the company did not exercise due care, and as a result, you were injured. Here is some of the evidence and information you will need to collect:
-Photographs of the scene of the accident
-Witness statements
-Names of staff members at the scene of the accident
-Medical records
-Any other relevant documentation
An experienced attorney can help you collect and present this evidence in the most effective way possible.
When filing a claim against a cruise line, the most important thing to remember is that you must follow the rules and procedures set forth by Maritime Law. These laws differ from those that govern land-based businesses, so it is vital to be aware of the restrictions and requirements before proceeding. For instance, you must file your claim at the cruise line’s headquarters and have one year to do so. Additionally, you will be required to prove that the company was negligent. However, an experienced attorney can help you navigate the process and ensure that your claim is filed correctly and within the applicable time frame.
