Cruise Liner Accident Claims
We have years of experience helping people make successful cruise liner accidents and will put you in the best possible position to secure the financial award you deserve.
To speak to a lawyer about your cruise ship compensation claim, call us today on 0345 241 6390 or fill in our online enquiry form and let us know a suitable time to contact you.
Why Choose JMW?
When faced with the aftermath of a personal injury, choosing the right legal representation is essential to your success.
JMW has consistently received accolades from prestigious legal directories, including the Legal 500 and Chambers & Partners, for our commitment to excellence and the high standard of service we provide to our clients. Our team provides tailored advice, recognising the unique aspects of your situation so you feel supported throughout a stressful time.
Understanding that financial concerns often accompany personal injury claims, JMW offers no win, no fee agreements for all personal injury cases, including cruise ship accident claims. This arrangement ensures that you can pursue your claim without the worry of upfront legal costs. Our priority is your peace of mind and financial security, allowing you to focus on your recovery while we concentrate on securing the compensation you deserve.
What Our Clients Say
How JMW Can Help
The vast majority of cruisers have a relaxing time, enjoying the luxury, comfort and splendour of a cruise ship. However, despite their size, cruise liners are essentially confined areas housing hundreds of people, and accidents often occur. Common cruise ship accidents include:
- Slipping on the deck
- Swimming pool accidents
- Tripping over obstacle
- Falling down stairs
- Being struck by a falling object
- Accidents caused by the ship’s facilities
Regardless of how you suffered your injury, if it was caused by somebody else’s negligence, you are entitled to make a compensation claim.
Your Legal Rights Explained
Cruise ship operators are subject to a law known as the Athens Convention, relating to the Carriage of Passengers and their Luggage by Sea (PAL Convention) 1974. This is a law that imposes a strict liability system on cruise ships. Essentially, this means the cruise line operator must prove that your injury was not their fault, rather than you proving their negligence.
A further law called the Package Travel Regulations 1992, and/or the Package Travel and Linked Travel Arrangements Regulations 2018 may also apply to cruise line operators based in the UK.
This is a complex area of law, so expert advice from a solicitor is necessary if you are looking to pursue a cruise ship claim.
FAQs About Cruise Ship Compensation Claims
- Who can be held responsible for a cruise ship accident claim?
The party responsible for your cruise ship injury will depend on the specific circumstances of the incident. Often, the cruise line is held responsible for accidents that occur on their vessels. This can be due to negligence in maintaining the ship, inadequate safety measures, insufficient staff training, or failure to provide a safe environment for passengers. The cruise line has a duty of care to ensure the safety and wellbeing of its passengers.
If the accident was caused by a defect in the ship itself or any equipment on board (like lifeboats, railings or machinery), the cruise liner has a strict liability to you, up to certain financial limits.
Determining liability in cruise ship accidents can be complex due to the various jurisdictions and laws involved. Seeking legal advice from a solicitor experienced in cruise ship accidents, like those at JMW, will help you to identify the correct party or parties liable in your specific case.
- Is there a time limit for bringing a cruise ship accident claim?
Generally, for personal injury claims in the UK, you have three years from the date of the accident - or the date when you first became aware of the injury (known as the date of knowledge) - to start legal proceedings. However, the time limit under the Athens Convention is just two years. Failing to file within the appropriate time frame can result in the loss of your right to claim compensation.
International laws and conventions may apply, so you should seek the support of a solicitor with expertise in cruise ship accidents - such as those at JMW.
- How much compensation can I seek in a cruise ship accident claim?
In personal injury claims, compensation is not limited to physical injuries but can encompass a range of damages intended to restore you, as much as possible, to the position you were in before the accident.
You may be able to seek compensation for:
- General damages: these cover the pain, suffering and loss of amenity resulting from your injuries. It accounts for the physical pain and psychological impact, as well as any reduction in your quality of life due to the accident.
- Special damages: these cover the financial aspects of your cruise ship injury, which may include medical expenses, loss of earnings, care costs, or any additional or predicted future costs that may come about as a result of your injury.
Each case is unique, and the compensation you can seek will depend on the specifics of your situation. You should consult with a solicitor who can guide you through the process of assessing and claiming the full range of compensation to which you are entitled.
- Can I still claim compensation if the cruise had a waiver or disclaimer?
Cruise ship tickets often include waivers or disclaimers designed to limit the liability of the cruise line for accidents or injuries that occur on board. However, these waivers are not always absolute, and you may still be able to file a claim even if such a waiver was signed or included in your ticket contract.
Often, waivers cannot absolve a party from liability for their own negligence or intentional misconduct.
A solicitor experienced in cruise ship accident claims can guide you on the enforceability of such documents and advise on the best course of action.
- What if the cruise ship accident occurred in international waters or during an excursion?
Cruise ship accidents that occur in international waters or during shore excursions can present complex legal challenges due to the involvement of multiple jurisdictions. However, it is often still possible to pursue a claim.
Generally, cruise ship claims are made against the cruise ship operator or carrier.
If the accident occurred during a shore excursion organised by the cruise line, the circumstances need careful consideration, and pursuing a claim may involve dealing directly with the local operator, and local laws would typically apply.
A solicitor experienced in international personal injury claims can help you understand these complexities and guide you on the best course of action.
- Can I still make a claim if I have a pre-existing health condition aggravated by the cruise ship accident?
In many cases, you can make a claim if a cruise ship accident aggravated a pre-existing health condition. The legal system recognises that an accident can worsen existing injuries or health conditions, and compensation can be sought for the additional harm or accelerated symptoms caused by the accident.
Given the complexities involved in distinguishing the impacts of your injury, professional legal advice is essential. A solicitor can help present a clear case regarding the extent to which the accident has exacerbated your condition, and ensure that the compensation reflects the true impact of the accident on your health and wellbeing.
Talk to Us
If you or a loved one has been injured, get in touch with our solicitors today to discuss making a cruise ship accident. You can contact us by calling 0345 241 6390 or by filling in our online enquiry form and letting us know when it is best to contact you.