Cruise passengers should read the fine print on their tickets

Too many passengers find out the hard way that that they won't receive the justice they deserve from the cruise ship company for their mistreatment or injuries. Some of the reasons for this have to do with a very narrow statute of limitations (SOL), improper filing venue and jurisdiction of medical care. That's why it's important to both read the fine print on the ticket and ask questions to the cruise company before purchasing the ticket.

How long is the statute of limitations for cruise ship injuries?
If you get hurt or victimized on a cruise, you only have one year to file a lawsuit.

Since most passengers don't bother to read the ticket's small print, they may think they have the normal three year filing period and by the time they realize the difference, it's too late. Children under 18 do have three years to file a claim, as do crewmembers.

For example, a passenger who sued Carnival Corporation for negligence lost her case because the SOL had elapsed.

Sylvia Crist claimed she suffered injuries from a trip-and-fall aboard a Carnival ship in the western Caribbean because of an unsafe staircase. Her attorneys filed the case more than two weeks after the expiration of the SOL. Her case was denied both in district court and in the federal court appeal.

The following is from Carnival Cruise Lines' rules on JURISDICTION, VENUE, ARBITRATION AND TIME LIMITS FOR CLAIMS:

Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.

Venue for lawsuits
Crist had initially filed her lawsuit in a state court nine days before the expiration of the SOL but moved it to federal court after the expiration date. Her attorneys argued that the period of limitation should be "equitably tolled" because of the action's previous filing in state court. Under the principle of equitable tolling, a claim shall not be barred when the plaintiff, despite due diligence, did not or could not discover the injury until after the expiration of limitation period.

Carnival filed a motion for summary judgment because her suit had been filed in their court after the expiration of the SOL.

The district court granted Carnival's motion for summary judgment because the ticket stated the requirement to file the action in federal court. The 11^th Circuit Court of Appeals affirmed the district court's ruling.

According to Carnival:

It is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest's cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.

Read Carnival's rules on liability and jurisdiction in our article library here.

Jurisdiction of medical care
Illnesses and injuries on cruise voyages frequently require medevacs in foreign lands. According to Cruise Bruise.com, sometimes the victim and family are forced to pay for services in advance or at least a minimum amount before being allowed to go home.

These costs can be expensive and beyond the family's ability to pay. Not only is there the cost of treatment, there is the cost of flying back home afterward.

It doesn't matter whether the injury or illness was caused by the vessel's negligence. The local authorities are going to demand payment from the patient.

So cruise companies get away with leaving passengers on the hook in a foreign land.

In order to determine whether the cruise line was at fault and must pay monetary compensation for the treatment and all related expenses, an experienced maritime attorney must be consulted.