12

Aug

Cruising is meant to be a relaxing escape—sun-soaked decks, exotic ports, and endless entertainment. But what happens when that dream vacation turns into a nightmare due to an injury? Slippery pool decks, faulty equipment, or even sexual assault can leave passengers facing medical bills, lost wages, and long-term pain. If you’ve been hurt on a cruise ship, you might wonder: Can I sue the cruise line? The short answer is yes, but it’s not always straightforward. At Brais Law Firm, our experienced cruise ship accident attorneys have helped countless passengers recover millions in compensation.

Understanding Your Rights Under Maritime Law

Cruise ship injuries fall under admiralty and maritime law, a specialized area governed by federal statutes, international treaties, and common law. Unlike typical personal injury cases on land, these claims often involve unique rules that protect passengers but also impose strict deadlines and limitations.

Passengers are considered “invitees” on a cruise ship, meaning the cruise line owes you a duty of reasonable care. If the company fails in this duty—through negligence, inadequate maintenance, or failure to warn of hazards—you may have grounds for a lawsuit. Common scenarios include:

  • Slip and Fall Accidents: Wet floors, uneven surfaces, or poor lighting can cause serious injuries. We’ve represented clients who suffered traumatic brain injuries from falls on Carnival ships, securing verdicts like the one for Eric Ewing aboard the Carnival Ecstasy.
  • Shore Excursion Injuries: Many passengers book excursions through the cruise line, such as zip-lining or snorkeling. If the operator is negligent and the cruise line endorsed it, liability may extend to the ship company. For instance, we recently represented Hannah Smith in a catastrophic injury case from a Carnival-booked shore excursion.
  • Medical Malpractice Onboard: Cruise ships have infirmaries, but substandard care can worsen injuries. Food poisoning from contaminated buffets or improper treatment of illnesses are frequent claims.
  • Sexual Assault or Assault: Tragically, assaults by crew members or other passengers occur. Cruise lines must provide adequate security; failure to do so can lead to liability. Our firm has recovered $2.2 million in a cruise member sexual assault case.

Not every mishap qualifies—minor inconveniences like seasickness usually don’t. But if negligence is involved, such as ignoring safety protocols to cut costs, you could pursue damages for medical expenses, pain and suffering, and more.

Key Legal Hurdles: Time Limits and Ticket Contracts

One of the biggest pitfalls in cruise injury claims is the fine print on your ticket. Most cruise lines, like Carnival, Royal Caribbean, or Norwegian, include clauses that shorten the statute of limitations to just one year (compared to two or more in standard personal injury cases). You often have only six months to notify the cruise line in writing of your intent to sue.

Venue clauses are another hurdle—these require lawsuits to be filed in specific courts, often in Miami, Florida, where many lines are headquartered. Ignoring these can get your case dismissed. That’s why consulting a maritime lawyer early is crucial. At Brais Law, we’ve navigated these complexities for decades, ensuring claims aren’t derailed by procedural traps.

Proving Negligence: Building Your Case

To sue successfully, you must prove the cruise line knew or should have known about the hazard and failed to act. Evidence is key:

  • Report the Incident Immediately: Notify ship staff and get a written report. Seek medical attention onboard, even if it seems minor—documentation is vital.
  • Gather Evidence: Take photos of the scene, collect witness statements, and save your ticket and medical records. If assault is involved, preserve clothing or other physical evidence.
  • Expert Testimony: Maritime cases often require experts in engineering, medicine, or safety to demonstrate negligence. Our team invests in top experts to prove life-changing injuries, as we did in securing $19.9 million for a resort guest injury (similar principles apply to cruises).

Real-world experience matters here. Firm founder Keith Brais isn’t just a lawyer—he spent over seven years working on ships and offshore rigs, holding three U.S. Coast Guard licenses. This hands-on knowledge gives us an edge in understanding the “dangers of working offshore” and how corporations prioritize “profit versus safety.”

Why Choose a Specialized Cruise Ship Accident Attorney?

Not all personal injury lawyers handle maritime law—it’s a niche field requiring deep expertise. General attorneys might miss nuances like the Death on the High Seas Act (for fatal injuries) or the Jones Act (primarily for crew, but related principles apply). At Brais Law, we exclusively represent individuals, never corporations or insurers. We’ve secured millions through settlements and trials, including $6.8 million for a crew member injury and $2.9 million for another.

Our clients’ stories speak volumes. One passenger shared: “I was in pain for a good 6 months… It wasn’t until I got Mr. Brais that I really started getting the help I needed.” Another called Keith a “superhero” after a successful resort injury claim. With a perfect 5.0 client review rating, we’re committed to putting people over profit.

Potential Compensation and Outcomes

If your case succeeds, compensation can cover:

  • Medical bills and future care
  • Lost income and earning capacity
  • Pain, suffering, and emotional distress
  • Punitive damages in egregious cases, like repeated safety violations

We’ve won jury trials against major lines, proving that even giants like Carnival can be held accountable. Remember, most cases settle out of court, but we’re trial-ready litigators who thrive in the courtroom.

What to Do Next: Seek a Free Consultation

If you’ve been injured on a cruise, don’t delay—time is against you. Contact Brais Law Firm for a free, confidential consultation at 800-499-0551. We’re nationally recognized, with offices serving ports across the U.S. and international clients. Whether it’s a slip on a deck or a botched excursion, we’ll fight to rebuild your life.

Cruising should be safe and enjoyable. When it’s not, know your rights and hold negligent parties accountable. At Brais Law, we’re here to guide you every step of the way.

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