Can I File a Wrongful Death Claim Against a Cruise Ship?

Wrongful Death Attorney Bristol, TN

You’ve scrimped and saved and looked forward to going on a cruise for a long time. These vacations are fun, relaxing and the sites and excursions can be exciting, awe-inspiring and provide a lifetime of memories. Life on a cruise ship is full of activities, shows, concerts and lots and lots of food! Not to mention the turquoise caribbean water and sandy beaches at the ports.

Because cruising is an activity enjoyed by millions of Americans each year, there are bound to be accidents. Unfortunately, sometimes things go terribly wrong and as a result, a serious injury or death can occur. If the cruise line is at fault for the accident, the loved ones of the victim may be awarded monetary compensation for the loss of their family member. The laws can be problematic because cruise ships often leave the country. Contact a personal injury attorney to assist you in navigating the complex laws concerning wrongful death on a cruise ship.

Reasonable Care and Maritime Law

Laws that govern cruise ships are called admiralty, or maritime laws. Vessels, such as cruise ships, are required by law to exercise reasonable care in protecting the passengers on board. The ships can be held liable for injuries or death to passengers because of negligence or willful activities. Under this maritime law, cruise ships are considered common carriers. These are companies that move passengers or goods on specific routes with set rates. Incidentally, most of the cruise ships are not registered in the United States.

How to File a Complaint

If something happens and you or your loved one are hurt while on a cruise ship, immediately report the incident and note any pertinent information concerning the accident. Take pictures, tale to anyone who witnessed the accident, file a formal claim in accordance with the instructions located on the back of your cruise ticket. If, as a result of the accident on the cruise ship, your loved one dies and you feel the cruise line was at fault, contact a lawyer to file a wrongful death claim. You still must file a complaint in the state noted on the ticket. Ask a representative of the cruise ship if you are unsure of where to find this information.

Maritime Law and Proving Negligence

The complexity of a claim concerning maritime law is determining who is negligent. Just because a passenger is injured does not automatically mean that the cruise line is responsible for their injuries. It is up to the claimant to prove that the cruise line was compliant, willful, or negligent and as a result the accident occurred. What makes these cases complicated is that the accidents often happen in international waters — beyond the jurisdiction of many United States laws.  The argument of the cruise line is the idea that a reasonable individual would have had knowledge of the hazard that caused the accident in question. Negligence is proven by witness testimony, an expert and evident presented about the rules and regulations of maritime law.

Contact an Attorney

It is important to contact an attorney that has a license to practice in the state that is listed on the back of the ticket you were given when booking the cruise. A wrongful death attorney Bristol, TN trusts from The Law Offices of Mark T. Hurt can assist you in obtaining the proper information necessary to file a wrongful death claim.