Mar 18, 2019

Tips For Passengers Going on an Ocean Cruise

Many hazards confront passengers traveling on these ocean-going Greyhounds. Some tragedies at sea don't happen on land, while others do.

Passengers can be wounded by:

  • Other passengers.
  • Dangerous Conditions Aboard (Ex: action or inaction by crew members like water on the main deck.)
  • Assaults (Ex: rapes, and robberies.)

Another danger that steamer ship crews and passengers risk is external. Ex: attacks by armed pirates on fast-boats. These robbers use assault rifles and even rocket launchers. Since 2003 pirates are an increasing problem for ocean liners and other commercial ventures near places like Somalia.)

And this has resulted in robberies of passengers and even deaths off the coast of Somalia.  Tom Hanks made a motion picture about one such attack here:

Captain Phillips Trailer – Tom Hanks, Catherine Keener

This Maersk Alabama case is nothing compared to the loss of life and critical events that unfold on private floating hotels and their transport shore vessels at sea.

See the Below Video Dealing With Cruise Ship Accident Laws

As noted in the video, these "floating palaces" have a responsibility to ensure the "duty of safe passage" to passengers.

Injured passengers have the right to:

  • File a lawsuit against the owner of the sea vessel
  • Sue, the company that chartered the cruise ship
  • File against the company that sold tickets
  • Sue charterer or operator of the boat.
  • These claims may be subject to specific rules, which affect where and when a passenger can file a lawsuit and the applicable laws

Cruise Ship Safety

Also, all vessels on the ocean are subject to inspections, and this includes cruise ships. Most cruise vessels are foreign registered. So they carry the other country's flag. Of particular interest, this international registration means they are subject to review according to vessel inspection laws in the state of registration.

When these ships board passengers at U.S. ports, the U.S. Coast Guard requires the vessel to meet the standards of the International Convention for the Safety of Life at Sea (SOLAS). International regulations must be strictly followed. Typically, these rules are for crew and crewing competency, lifesaving equipment, firefighting, and fire protection.

Vessel integrity, ship control, stability, navigation safety, safety management, and environmental protection, are a part of the strictly regulated international regulations. U.S. passenger ships must have licensed individuals and crews. And they must also comply with U.S. Coast Guard regulations. Further, the USCG sets the standards for training and experience.

What is the Duty of Care for Cruise Line Passengers?

When a ship is departing from U.S. ports, they are considered common carriers, which means they must adhere to the Shipping Act of 1984, 46 U.S.C. § 1702 (6). This act determines that carriers owe passengers higher duty care in protection from physical harm. So the company remains responsible for ensuring passengers arrive safely at their destination. And this includes the passenger's safety from assaults, rapes, evil crew members, and other types of criminal behavior.

Cruise Ship Disappearances?

If there is a report of a missing passenger, the cruise line company must carry out a reasonable rescue search and rescue efforts. So this means that the missing person is not aboard the ship, the vessel must go back and search.

Passengers have fallen overboard for a variety of reasons. And some rescues proved successful. And this remains true even after they were missing for hours. So if the cruise line fails to perform a reasonable search and rescue effort, they may be held liable. They can even be at fault for the disappearance of the passenger. In other words, they failed in performing their duty of care and filing.

  Cruise Ship Lawsuit - How To?

Passengers who have sustained injuries, or have become the victim of a criminal act on-board a cruise ship; have the right to file a lawsuit to recover damages. Damages include medical costs, loss of income, pain, and suffering. The criminal activities taking place on land differ because here, the claim may be governed by the terms on the cruise ship ticket.

Cruise ship tickets contain a forum selection clause and a choice of law provision. And of course, it's in the small print on the back of the card. This states where passengers must file their lawsuit against the cruise line. And it recites the applicable laws.

The cruise line will define that filing claims for injuries that occurred while on the cruise ship to be filed in Los Angeles, California, Seattle, Washington, or Miami, Florida. This situs will depend on where the cruise line is based.

  • Failing to follow the rules in these sections of the ticket means no case.
  • The ticket creates a contract between the passenger and the cruise line.

Passengers filing a lawsuit against a cruise line, who object to it being heard in a court outside of their home state, can petition to have it moved to a local tribunal. But this challenge is usually denied.

The ticket outlines that the injured passenger must provide notice of the injury to the cruise line. But this must happen within a specified period. This period is usually six months from the date of the damage. This period is not the same statute of limitations for the filing of a traditional admiralty and maritime claim, which is three years.

The cruise ticket may detail that any lawsuits filed against the cruise line must be in Los Angeles, California, or Miami, Florida. In either state, the court may enforce the time limitation outlined in the ticket (passage contract). So courts usually deny claims filed later than this specified period.

How Do Injured Employees get Money?

The Jones Act protects ship employees. In other words, the A.C.T. applies to work seamen with shipboard personal injuries or death.

  • The Jones Act protects most cruise ship employees, and especially those who live and work aboard the ship.

Under Jones, injured employees seamen become entitled to medical expenses. During convalesce and rehabilitation, living expenses are included.

What are the Relevant Jurisdiction Terms and Laws?

Many foreign cruise line registrations are in other countries; as such, they fly the flag of that foreign country and abide by their laws. This registration means these laws could apply to incidences that occur on the cruise ship. When a cruise ship leaves a U.S. port, the laws of the state it departed from apply, as well as U.S. federal laws. International treaties may also apply to incidents that occur aboard ship.

One of these may be maritime jurisdiction under 18 U.S. Code Section 7. So when a criminal offense committed by or against a United States citizen happens outside the country, U.S. law still applies. And this same scheme uses foreign vessels connected with a U.S. departure and arrival port.

California law enforcement and federal law enforcement have particular maritime jurisdiction over certain offenses at sea.  But a residency rule applies if the suspect was a California resident while aboard.

When over half of the passengers boarding a California departing port, some jurisdiction remains. The same goes when the crime might have a 'substantial effect" within the state of California. Learn more at 633 West 5th Street #2890 Los Angeles, CA 90071. (213) 596-9642. Understanding cruise law is of vital importance for anyone who cares about their safe passage at sea.

Other Citations: