Cruise ship operators have a legal duty to protect passengers throughout the duration of a cruise ship holiday. When this duty is not met, and passengers suffer harm as a result, there may be grounds for a claim under the law in England and Wales or international maritime regulations.

This guide outlines how cruise ship accident claims work, what to do if an accident has occurred, and how to begin the claim process with support from JMW’s personal injury specialists.

Cruise Ship Accident Claims - What You Need to Know

Cruise ship accident claims arise when a passenger is injured due to the fault or neglect of the cruise line, crew or a third party acting on their behalf. These incidents can happen onboard a cruise liner or during excursions organised as part of the cruise.

Common cruise ship accidents include:

• Slips, trips and falls on wet or uneven and unsafe deck surfaces.
• Injuries from poorly maintained furniture or equipment.
• Accidents onboard due to inadequate safety measures.

Cruise ship companies have a responsibility to protect passengers from preventable harm. This duty includes carrying out proper risk assessments, maintaining equipment, providing clean and safe food, and offering adequate medical services.

Where a cruise ship accident occurred in international waters, and a passenger is injured, the claim will often be governed by the Athens Convention 1974, as amended by the 2002 Protocol. This international treaty sets out the legal responsibilities of cruise ship operators for personal injury during a voyage. The convention applies to most international cruises where the passenger's contract was made in a country that is a signatory, or where the ship departs from or arrives in a signatory country - including the UK.

Under the Athens Convention, passengers may be entitled to claim compensation if the incident was caused by the fault or neglect of the carrier or its staff. The convention also imposes financial limits on compensation amounts, although higher damages may be available where negligence can be proven. Time limits also apply, with most claims needing to be brought within two years of the date of disembarkation.

When Can You Make a Cruise Ship Injury Claim?

You may be able to claim compensation from a cruise line if:

• An accident occurred onboard or during embarkation or disembarkation.
• The cruise ship operator failed to provide safe conditions.
• You suffered an injury as a result.

Cruise ship injury claims typically involve:

• Failures in health and safety.
• Poorly maintained areas.
• Inadequate medical treatment from the ship’s doctor or staff.

What to Do if an Accident Occurs on a Cruise Ship

If you are injured during a cruise, it is important to act quickly. Getting medical attention and collecting evidence early can help support a compensation claim. Given the complexities of maritime law, the steps you take at the time can make a significant difference to your case. Here is what to do:

1. Seek medical attention

Get immediate medical treatment from the ship’s doctor or medical centre. If your condition worsens, seek further treatment at the next port. Request copies of your medical reports.

2. Report the incident

Inform a senior crew member and make sure the incident is formally logged. Ask for a copy of the accident report for your records.

3. Collect supporting evidence

Where possible, gather the following to strengthen your compensation claim:

• Photographs of the accident scene.
• Medical records and treatment documentation.
• Contact details and witness statements from other passengers.
• Booking confirmations and excursion documents.
• Receipts for any medical expenses or travel changes.

This evidence can be vital in establishing fault and proving the impact of the incident.

4. Don’t sign without advice

After an injury, the cruise line may present documents or offer a settlement. It is important not to sign anything or accept any offer without first seeking legal advice. Doing so could affect your ability to pursue a full compensation claim later.

How the Cruise Ship Claims Process Works

These claims are often more complex than standard personal injury claims due to the involvement of international laws and cruise liner operators. A solicitor specialising in cruise ship injury claims, such as the team at JMW, will:

• Review the circumstances of the injury.
• Identify the correct jurisdiction and legal framework.
• Assist in compiling evidence and witness accounts.
• Manage negotiations with the cruise line or its insurers.
• Prepare and present your case in court if a settlement cannot be reached.

At JMW, we offer a free initial consultation to assess your case and provide clear advice on the next steps. We also work on a no win, no fee basis, so you will not need to pay upfront legal fees or ongoing fees during the claim process.

How Much Compensation Could I Receive?

The amount of compensation depends on the severity of your injuries, the impact on your quality of life and your financial losses. You may be able to claim for:

• Physical pain and suffering.
• Psychological harm linked to physical injury.
• Loss of enjoyment of your cruise ship holiday.
• Medical treatment and future care needs.
• Loss of earnings or holiday cancellation costs.
• Ongoing support or rehabilitation.

There is no fixed amount for cruise ship compensation. The level awarded will depend on the strength of the evidence and the impact the injury has had on your life. Our aim is always to secure the maximum compensation available in your circumstances.

Why Choose JMW for Cruise Ship Injury Claims?

JMW has a proven track record of success in dealing with complex cruise ship compensation claims. Our team:

• Understands the legal implications of injuries that occur in international waters.
• Is experienced in managing claims involving cruise ship operators and their insurers.
• Provides clear, strategic advice from the start of your claim.
• Works on a no win, no fee basis to ensure accessibility.

We provide practical, responsive legal support throughout the claims process, so you can focus on your recovery while we take care of the legal details.