There are many things the general public is completely unaware of when boarding a cruise ship. When you purchase a ticket you are actually accepting a non-negotiated maritime contract with the carrier. All of the major cruise lines including Carnival Cruise Line, Royal Carribean International, Norwegian Cruise Lines and others have standard contractual language which severely limits a passengers ability to sue for negligence as well as other causes of action. These procedural loopholes can amount to an otherwise viable claim being extinguished by a procedural misstep. Most personal injury lawyers are unfamiliar with these nuances.
Some important limitations on an individuals ability to sue include:
1. Forum Selection Clauses- this means the action must be filed in the Southern District of Florida, regardless of where the accident took place.
2. Statutory Deadlines are Shortened- The cruise line must be placed on written notice of the claim within 6 months of the accident. Similarly, the normal Statute of Limitations of 2 years is shortened to only 1 year from the date of accident.
3. No punitive damage claims are allowed.
Fair or unfair, this is the law. These procedural minefields can completely negate an otherwise very strong case. It is therefore critical to hire a law firm well versed in these laws. Water Accident Lawyers knows the laws that pertain to these specific contracts. Hiring the wrong law firm who does not specialize in this field can be catastrophic.
If you have any questions about a cruise ship negligence case reach out to us immediately to preserve and protect your rights. All consultations are always free.
