What Are My Rights if I am Hurt on a Cruise Ship?
Being injured while on a cruise can have serious consequences. What should be a time to relax and enjoy yourself can quickly become stressful and upsetting. When an injury happens due to someone else's fault or neglect, the impact can be even more difficult to manage. The additional cost of medical care, changes to your itinerary, and the disruption to your overall experience can affect not only your health but the entire purpose of your holiday.
At JMW, we regularly support people who have been injured while travelling at sea, and we understand that cruise ships operate under complex legal frameworks. The laws that apply may depend on where the ship is registered, where the incident occurred, and the terms and conditions of your booking. That’s why it’s important to understand your legal position and take action.
In this guide, we explain the key regulations that protect you while on a cruise. We outline your rights, what steps to take after a cruise ship injury, and how to make sure you are able to secure the compensation you deserve.
Cruise Line Duty of Care to Passengers
Cruise operators owe a clear legal duty of care to everyone on board. This means they must take all reasonable steps to protect the health, safety and wellbeing of passengers throughout the journey. When this duty is breached and it leads to injury, the cruise line may be held legally responsible.
Enabling passenger safety
Cruise lines must maintain all areas accessible to passengers to be safe, clean and properly maintained. This includes public walkways, cabins, dining areas, leisure facilities and excursion routes. Hazards such as wet floors, poorly lit stairwells or faulty handrails must be identified and dealt with quickly. Crew members should be trained to monitor safety risks and respond promptly if an issue arises.
Provision of medical facilities
Ships are required to have suitable medical facilities and trained personnel on board to provide immediate medical treatment. While cruise ship medical centres may not offer the same level of treatment as hospitals on land, they should be equipped to deal with a range of injuries and urgent medical conditions. Failing to provide prompt and adequate care may amount to negligence.
Information and assistance
Cruise passengers must be given clear safety information at the start of the voyage and throughout the journey. This includes instructions for emergencies, information on the location of medical services, and guidance on how to report an injury. Cruise operators are also expected to assist passengers if an incident occurs - whether on board or during an organised shore excursion.
Compliance with regulations
Cruise lines must comply with international maritime laws, as well as the laws of the country where the ship is registered (known as the flag state). These regulations cover vessel safety, hygiene standards, staff training and passenger care. Non-compliance with these standards can lead to serious consequences and may support a compensation claim if someone is harmed as a result.
How Do the Laws at Sea Differ from Standard UK Law?
If you are injured while travelling internationally as a passenger on a cruise, your right to claim compensation is governed by an international agreement known as the Athens Convention 1974. This Convention sets out the legal responsibilities of cruise operators for accidents involving passengers, including injury, illness or loss of belongings that take place during the course of a voyage.
Jurisdiction and cruise contracts
Cruise line contracts often include terms that specify where legal claims must be brought. This may be a different country from where you live, or where the cruise took place. However, the Athens Convention provides important protections. You may still be able to bring a claim in the Courts of England and Wales if certain conditions are met. These include:
- The cruise departed from or was due to return to a port in England or Wales
- The contract for the cruise was made in England or Wales
- The cruise operator has a registered place of business in England or Wales
These provisions allow people injured abroad to bring a claim closer to home, provided the legal criteria are satisfied.
Liability under the convention
The Athens Convention places a degree of strict liability on cruise operators. This means that in some circumstances, you do not need to prove fault or neglect to make a claim. If the injury occurred as a result of a shipping incident - such as a collision, grounding, or failure of the vessel - the operator is presumed liable unless they can prove the event was unavoidable and not due to their actions or negligence.
For non-shipping incidents, such as slips, trips or onboard medical negligence, you will still need to prove that the cruise operator or crew failed in their duty of care.
Time limits and compensation
The Athens Convention has strict time limits. You usually have two years from the date of contractual disembarkation to bring a claim, compared to the three-year limit under personal injury law in England and Wales. Failing to act within this timeframe could prevent you from claiming compensation altogether.
Compensation under the convention may cover medical expenses, loss of enjoyment, disruption to your travel plans, and longer-term impacts on your quality of life. However, there are caps on the amount that can be awarded in certain cases, depending on the circumstances of the injury and the type of liability involved.
Making a Claim if You're Hurt on a Cruise Ship
If you’ve been injured on a cruise due to negligence, it’s important to act quickly. The steps you take immediately after the incident can have a significant impact on the strength and success of your compensation claim. Gathering evidence, notifying the right parties, and seeking legal advice early will help protect your position under the Athens Convention or any other applicable legal framework.
Report the incident immediately
As soon as the injury occurs, notify a member of the ship’s staff and seek medical attention. Provide clear details about what happened, where it took place, and the nature of your injuries. Ask to speak to someone responsible for logging incidents. This early report becomes part of the official onboard records and can later support your claim.
Request a written report
Ask the ship's crew to complete a written report of the incident and request a copy before the end of your journey. This document should record the key facts, including the location, time, any witnesses, and the initial response taken by staff. If possible, have this report signed and dated.
Document everything
Keep a detailed record of the events surrounding the incident. This includes taking photographs of the accident scene, your injuries, and any hazards that may have contributed. Retain copies of all medical notes, prescriptions, receipts, and communications with the cruise line or its staff. These documents can be important if the cruise operator later disputes the circumstances of your injury.
Notify the carrier
Notify the cruise operator immediately. Your notice should include a summary of the incident, when and where it took place, and the injuries sustained. Although this is not the formal start of your claim, it is a required step under the Convention.
Initiate the claim
To pursue compensation, you must begin your legal claim within two years from the contractual date of disembarkation, in order to comply with the time limit imposed by the Athens Convention. Once this deadline passes, you may lose your right to claim, regardless of the seriousness of the injury. For this reason, it’s essential to seek expert legal advice as early as possible.
Contact the Maritime and Coastguard Agency
If you believe there were wider safety issues involved - such as poor maintenance, lack of training, or repeated failures to address hazards - you can report these to the Maritime and Coastguard Agency (MCA). The MCA is responsible for enforcing safety and operational standards on ships operating in or from UK ports. Their investigations may support your case if broader failings are identified.
What Is the Most Common Injury on a Cruise Ship?
The most common injuries on cruise ships are caused by slips, trips or falls. These can happen anywhere on board - on wet decks, staircases, or in poorly lit areas. The movement of the ship can also contribute, particularly in rough weather.
Fractures
Broken bones are a frequent result of falls at sea. These often affect the hips, legs, ankles, arms or wrists and can require immediate medical treatment. In some cases, surgery or long-term rehabilitation may be needed once you return home.
Open wounds
Cuts and lacerations are also common. These may be caused by contact with sharp edges, broken fixtures or during a fall. While some may be minor, others can lead to infection or require stitches and follow-up care.
Head and spinal injuries
More serious incidents can lead to head or spinal injuries. These are less common but can have long-term effects. Traumatic brain injuries and spinal damage may affect mobility, memory or overall quality of life and often require urgent medical support and ongoing treatment.
Find Out More
Learn more about what happens when a cruise ship injury occurs, and the steps you should take if you are injured on a cruise ship.
For clear, practical guidance on making a cruise ship claim, contact the expert personal injury team at JMW Solicitors. Contact us by calling 0345 872 6666 or complete our online enquiry form and we will get in touch at a convenient time.