Answers to Your Questions About Cruise Ships and Liability Under Admiralty Law

Injuries And Damages At Sea Or Coastal Waters Covered Under Marine Law

For victims of maritime negligence, admiralty law precedents and regulations regarding the monetary recompense they rightfully deserve can be intimidating. Various legal jurisdictions need to be taken into account. On land, the state or country involved has various negligence or worker’s compensation regulations. However, when tragedy occurs on a marine or ocean-going vessel such as a cruise ship, both local and international admiralty law comes into play when determining the proper way to proceed. For this reason, a general personal injury lawyer may not be sufficient for a marine case. However, committed and experienced maritime lawyers will be able to provide the best results for the victim.

According to admiralty law, the owners and operators of ocean-going vessels are legally required to take all necessary steps to ensure that the ship cannot harm the passenger. However, it is recognized that accidents often happen on water, due to events that are out of operator control. For this reason, victims bear the burden of proof, meaning that they have to show a judge or jury, without any doubt, that the owner of the ship was to blame for the accident.

There are also some very specific procedures for passengers wishing to file a lawsuit against the company or individual running the vessel they travelled on. In most cases brought against companies and individuals in the United States, a person has three years from the date of the accident to initiate a lawsuit in court. However, with many cruise lines, the statute of limitations is shorter, requiring that a suit must be brought within one year of the tragedy.  This regulation should be outlined on the cruise line ticket itself.

Legal rules covering professional seamen are slightly different. Similar to workers' compensation and other regulations that protect workers in the United States, there are specific laws that describe the rights and recompense due to an injured worker, including the following rights:

• Maintenance – Regulations require employers to pay all living expenses, including rent, utilities, and travel, at least until the end of travel. If an employee is removed from the vessel for emergency medical care, or any other reason, the employer is still required to pay this recompense.
• Cure – Vessel operators must pay for adequate medical care, as long as they improve the victim’s ability to function.
• Unseaworthiness – All boats, platforms, etc., must be kept in excellent, seaworthy condition.
• Jones Act – Any ship travelling between U.S. ports must be American made, and run by American employees.

International laws currently in use typically define international waters as those that are at least 200 nautical miles from a country’s shore. If an accident of any kind takes placed in these waters, the issues of personal injury, recompense, and the right to bring lawsuits is complicated. The legalities involved become even more complex on international cruise ships, since applicable rights and regulations depend on the nationality of the vessel operator.