Cruise Ship Liability for Passenger Injuries

Cruise ships are strictly liable for foreseeable and preventable injuries sustained by passengers due to the neglectful or intentional actions or omissions of the ship's personnel. Since most cruise ships set sail from either California or Florida, the laws of these states usually govern in cruise ship liability cases. Actions or omissions that are actionable include improper or shoddy maintenance that can foreseeably lead to injuries, failure to properly inspect the premises to prevent accidents, inadequate security that can lead to criminal actions committed by cruise ship personnel or other passengers.

Strict Liability

Section 3(6) of the Shipping Act of 1984, 46 U.S.C. §1702(6) provides that a common carrier generally has a special duty to its passengers to see that they arrive at their destination safely and that the carrier must use the highest degree of care to protect passengers against physical harm. New Jersey Steamboat Co. v. Brockett, 121 U.S. 637, 645-646 (1887). Courts have deemed cruise ships "common carriers" under this law and therefore cruise ships have a strict duty to protect passengers. Safe passage includes protection from criminal attacks by crew members such as rapes, molestations, and assaults. M.J. Norris, The Law of Maritime Personal Injuries, §3:3, at 62-63; §3:12, at 78 (4th ed. 1990).

Reasonable Care

In Kermarec v. Compagnie Generale Transatlantique (ship visitor injured in a slip-and-fall), the court held that a shipowner owes a duty of "reasonable care under the circumstances" toward individuals lawfully aboard the vessel. This standard is to be applied notwithstanding any distinctions of whether the injured is a licensee or invitee.

Venue - Statute of Limitations

Most cruise ship tickets stipulate a specific jurisdiction (either Miami, San Francisco, Los Angeles, or Seattle) where plaintiffs can file. Other venues that may govern, depending on where the injuries occured, include Texas territorial waters or U.S. coastal waters. Additionally, cruise ship tickets usually require plaintiffs to give notice of injury (usually within 6 months) and file a suit (usually within one year of injury) within a limited time period. Despite the fact that these stipulations are preprinted on tickets in microscopic type and may not be read (and therefore not consented to) by passengers, courts have upheld these types of adhesion clauses. The policy behind the rulings is that ships travel from different destinations and in cases of regular "mishaps", the defendant ships may sued in various fora. By limiting where they can be sued, the ships save costs and these savings can be passed on to passengers.

This leeway generally given to adhesion clauses is not given where the injury is not caused by a mishap but rather by the intentional torts or criminal actions of crew members. In Johnson v. Commodore Cruise Lines, supra, the court held that the ship's time limitation for suit did not apply where the plaintiff sued for the torts committed by crew members who conspired to conceal her rape by another crew member. The court determined that the contractual limitations period was shorter than that provided by the laws of Mississippi, where the ticket was purchased. The court stated: "There is no suggestion in either the language of the statutes or in their legislative history of any intention to limit the liability of a ship owner for the affirmative misconduct or its mismanagement toward passengers."

Talk to an Attorney

If you were injured in a mishap on a cruise ship or are the victim of a criminal or tortious act by a ship's crew member or another passenger, you may have a claim of action depending on the forum. As state laws vary, and maritime law may apply, find an attorney experienced with the governing laws in your case.

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