WHY YOUR CRUISE SHIP TICKET HOLDS THE KEY TO YOUR CRUISE INJURY CLAIM
Despite the troubled economy over the last two years
, it seems one luxury many people cannot go without is a cruise ship vacation. Many ports in the United States are reporting a record number of travelers taking a cruise vacation. In just one day this past spring, Port Everglades in Fort Lauderdale, one of the world's busiest cruise ports, had nine different cruise ships departed carrying more than 52,000 passengers. One of the ships that left that day is Royal Caribbean's Oasis of the Seas, the largest passenger ship in the world capable of carrying more than 5,000 passengers.With that many passengers sailing on a ship, accidents are bound to happen. What most cruise passengers don't know is that the laws that apply to them on a cruise ship can be very different than normal state and federal regulations for accident claims. One of the most significant of these differences is the limited Statute of Limitations imposed by cruise ships. A statute of limitations is a time period in which a claim must be brought against the cruise ship company. If a person lets the statute of limitations expires, they cannot bring an injury or accident claim against a cruise ship, no matter how serious the injury or accident.
Whether an accident or injury occurs on a ship owned by Carnival, Royal Caribbean, Regent Seven Seas, Holland America, Princess, Costa or Celebrity Cruise Lines, the passenger will most likely required to file an action for that injury within one year from the accident occurring. This is significantly different than the laws which govern a Florida accident or injury. In most cases, the statute of limitations in Florida for an accident or injury is four years.
A recent case decided by the Second District Court of Appeals in California upheld the shorter statute of limitations for cruise ship accidents and injuries. In Girardi v. Princess Cruises, the Girardi's were injured on July 18, 2006, when the ship they were passengers on tipped sharply to one side due to rough water. Although the Girardi's retained an attorney to represent them for their injuries, they did not file a lawsuit against Princess until July 16, 2008. The problem for the Girardi's is that their Princess ticket contract contained limitation on when a claim can be brought. It said:
" In cases involving claims for emotional or bodily injury, illness to or death of any passenger, no lawsuit may be brought against [Princess] unless:
Written notice giving full particulars of the claim is delivered to [Princess] within 6 months;
A lawsuit on such claim is filed within 1 year from the date of the emotional or bodily injury, illness, or death, whichever comes first, and
Valid service of the complaint is made within 90 days of filing the complaint.
The Court stated that United States Code allows a cruise ship company to shorten the time limitations in which a claim must be brought and that summary judgment was proper, i.e. the Girardi's claim was dismissed by the Court.
The time limitations to bring a claim are usually listed in the Ticket Contract a passenger is given prior to embarking on their cruise. Every cruise passenger should fully familiarize themselves with their rights and obligations allowed by the Ticket Contract prior to going on a cruise. Complying with these limitations can be the difference between being fully compensated for your accident or injuries, or being left with nothing but bad memories.
WHY YOUR CRUISE SHIP TICKET HOLDS THE KEY TO YOUR CRUISE INJURY CLAIM
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