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Cruise Ship Accident Claims Experts
Learn how our No Win No Fee solicitors could help you obtain compensation in cruise ship accident claims today.
£100 million in compensation
Cruise Ship Accident Claims Experts
Learn how our No Win No Fee solicitors could help you obtain compensation in cruise ship accident claims today.
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When we book a cruise trip with loved ones, we expect it to be the trip of a lifetime. Whilst the majority of passengers leave the trip feeling fulfilled after an enjoyable experience, others can have their holidays ruined by accidents. Suffering food poisoning or tripping on poorly maintained decking during a cruise can be distressing and potentially result in life-changing injury. If you suffered injury and loss because of the negligent conduct of the ship’s operator, you may be able to start the cruise ship accident claims process and begin pursuing compensation with the support of JF Law.
We recognise that navigating the process can sound daunting, especially if you’re unfamiliar with the specific maritime laws that can apply to incidents during international sea voyages. However, by working with our specialist solicitors, your legal representative will do all they can to lift the weight off your shoulders. At JF Law, our solicitors pride themselves on providing a tailored service, with clients at the forefront of all we do. With support and a safe place to express any concerns or questions, we can help you seek the financial relief you need to get back on your feet.
If you’re ready to find out if you can make a claim for an accident abroad during a cruise, get in touch for a free case consultation today. To be connected with our friendly advisors, you can reach us by:
- Calling us on 0151 375 9916
- Contacting us online to get started
What Are Cruise Ship Accident Claims?
Cruise ship accident claims are a legal process in which individuals can seek compensation for injuries or illnesses resulting from the negligent actions of a vessel’s operator. Cruise line operators have a legal obligation to ensure passenger well-being and safety at all times. This is known as a duty of care.
Claims can stem from harm caused by poorly maintained equipment, hazards (e.g., wet deck floors without warning signs), or poor hygiene practices during food preparation. If you can show that your accident was caused as a result of the cruise operator’s failure to meet their lawful obligation, you could seek compensation for your injuries as well as certain provable expenses related to them.
For an obligation-free discussion, please get in touch with our advisors. They’re on hand to listen, assess your case, and advise on the options available. If you’re eligible, they can then connect you with one of our specialist No Win No Fee solicitors, who can handle the claims process on your behalf.
What Is The Athens Convention And Why Is It Important?
The Athens Convention (1974) is an international treaty that establishes legal responsibility for carriers of seagoing vessels, including operators of cruise ships and ferries, regarding passenger safety. The convention is important as it establishes a framework for carriers, setting out the circumstances under which they might be liable for a passenger’s injury, loss (or damage) of luggage, or death. For personal injury claims involving cruise ships, this convention applies to incidents that occur during an international sea voyage (including boarding and disembarkation).
Specifically, carriers may be liable for damage, loss, or injury if it can be shown that the damage occurred in an incident resulting from negligent conduct during the course of the carriage. This would result from the carrier’s
Under the 1974 Convention, a carrier’s liability is limited to 46,666 Special Drawing Rights per carriage. SDRs are a foreign exchange reserve asset maintained by the International Monetary Fund (IMF).
What Is The 2002 Protocol?
The 2002 Protocol to the Athens Convention is an update to the international treaty that introduced stricter liability and compulsory insurance requirements covering shipping incidents, such as collisions, fires, ship defects, and shipwrecks.
In the event of such a shipping incident, the carrier would be automatically liable for a passenger’s personal injury or death up to 250,000 Special Drawing Rights per passenger. This liability is established without requiring proof of negligence or fault. We discuss this further in depth later in our guide.
However, this rule of strict liability applies only if the personal injury or death was caused by a qualifying shipping incident. It wouldn’t be applicable to everyday cruise accidents, such as slips and falls on cruise decks, routine onboard injuries, or food poisoning. In such scenarios, a claimant must still prove that the carrier (or another liable third party) was negligent.
It’s also important to note that if the compensation sought exceeds 250,000 Special Drawing Rights, the claimant must prove that the carrier was at fault, even for shipping incidents.
For more information on the Athens Convention, please get in touch with our advisors today.
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Can I Claim For A Cruise Ship Accident?
You could claim for a cruise ship accident if you suffer an injury or illness that results from the negligent actions of the vessel’s operator. Essentially, to bring a claim means:
- You must have suffered injury or illness on a cruise ship or during an official cruise excursion. This harm can range from short-term fractures to long-term physical and psychological damage, as long as they are medically recognised.
- The cruise operator must have acted negligently, such as by failing to provide crew members with appropriate training or to keep the deck in good repair.
- Finally, you will need to establish that the harm you suffered was directly caused by the operator’s negligent actions. This requires showing a causal link between the cruise operator’s failures and your injuries.
Specific treaties may apply depending on where an injury is sustained, which we’ll explain in more detail shortly.
Can Cruise Ship Accident Claims Be Made On Behalf Of A Loved One?
Yes, cruise ship accident claims can be made on behalf of a loved one who is unable to seek compensation independently. Claims can be made for those:
- Who are under 18, as minors can’t bring their own claim
- Who lack the mental capacity to bring their own claim independently
These groups can be represented by a litigation friend, who has several responsibilities. These include making decisions in the claimant’s best interests, keeping them as informed as possible, and communicating with their legal representatives.
To learn more about claiming on behalf of a loved one, please get in touch with our advisory team today.
What Are Some Common Accidents On Cruise Ships?
Slips and falls and food poisoning are some of the more common accidents on cruise ships. Some more specific examples of cruise accidents can include:
- A passenger slips on a wet pool deck, leading them to fall heavily and fracture their arm. The slippery surface had not been signposted or cordoned off by crew members despite the issue persisting.
- Passengers have reported raised carpet edges along a corridor. The crew failed to act on these reports, neither arranging an inspection nor making repairs. This led to a passenger tripping on its corner, leaving them with soft tissue injuries and a leg fracture as a result.
- While descending a staircase, a passenger loses their footing and grabs a nearby handrail that has been left loose by the cruise operator. It subsequently gave way, causing the passenger to fall down the stairs and sustain a serious head injury.
- The restaurant onboard the cruise ship knowingly serves undercooked meat, resulting in multiple passengers suffering severe food poisoning.
These examples are by no means exhaustive, so if you’d like to discuss the circumstances of your own case, then please get in touch with our advisors today.
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We pride ourselves on providing the best service possible for our clients.
What Compensation Can Be Awarded For Cruise Ship Injuries?
The compensation that can be awarded for cruise ship injuries will depend on the severity and nature of the physical and psychological harm. Payouts are calculated in accordance with the Athens Convention and valued in Special Drawing Rights (SDRs) rather than traditional currencies.
The value of SDRs is based on the US dollar, euro, Chinese yuan, Japanese yen, and British pound sterling. These SDRs provide stability to the global financial system, which allows countries to exchange SDRs for usable currencies when needed.
In strict liability shipping incidents, the passenger does not need to prove the carrier’s fault or negligence. Rather, the carrier is automatically liable under the Athens Convention Protocol 2002; however, even with this automatic strict liability, compensation cannot exceed 250,000 SDRs unless further negligence is established.
However, this cap can reach upwards of 400,000 SDRs, provided fault or negligence for the cruise incident is demonstrated. An example of this in practice may be if:
- A passenger’s total losses amount to £450,000
- The carrier is strictly liable for these damages
- The maximum payable compensation is 250,000 SDRs, despite the actual value of the losses exceeding this amount
For the passenger to recover the full amount of their losses, they must prove the carrier’s fault.
If you would like more tailored information about how cruise ship accident claims are valued, please get in touch with our advisors. They can also explain any terms you might be unfamiliar with and answer any other questions you might have.
What Is The Process For Making A Cruise Ship Accident Claim?
If you’re giving any thought to making a cruise ship accident claim, you might be wondering what to do first. Below, we have provided a streamlined list of steps you can take to prioritise your health whilst also supporting your legal position:
Seek Medical Help
Your health is the number one priority after a cruise ship accident. Make sure that you visit your GP, A&E, or an urgent care clinic to examine the extent of your injuries. This step doesn’t just assist your recovery, but also creates an official medical record that can be used to document the sequence of events and when your injury occurred.
Collect Evidence
Once it is safe to do so, you can begin gathering documents. Evidence in cruise ship accidents could include:
- A copy of any accident report, if you made crew members aware of your accident
- CCTV footage or any other recorded footage of the incident, if it was caught on camera
- Photographs of the accident scene and cause, for example, defective flooring
- Contact details from anybody who might have seen the accident, including other cruise passengers
- Copies of medical records, such as copies of scans, tests, or X-rays
- A personal diary outlining symptoms, pain levels, and any treatments you might have received for your injuries
Gathering these documents can be invaluable when proving liability. If you choose to work with one of our expert solicitors, we could help you compile this evidence.
Ensure The Accident Is Reported
Initially, your accident should be reported onboard. This will be filed in the cruise ship’s accident logbook, providing details of how and when the incident occurred.
Additionally, if your cruise provider is a member of the Association of British Travel Agents (ABTA), you could file a report directly with ABTA following the accident. Additionally, you can report any incidents to the Marine Accident Investigation Branch (MAIB).
Creating a formal report of the accident can also be used as evidence in your claim.
Record How The Injuries Impact You
Keeping a record of your daily pain levels, symptoms, any medical appointments, or time off work can be used to show the personal impact as well as any financial losses incurred.
Seek Legal Help
Getting in touch with a specialist cruise accident solicitor can be hugely useful. They’re able to:
- Advise on the strength of your case
- Provide an estimate of the value of your claim
- Handle all aspects of the legal process, including communications or negotiations with other parties
Bring Your Claim Within The Time Limit
In most cases, cruise accident claims must be started within the limitation period. For the vast majority of holiday accidents, the time limit is 3 years from the date of the incident. However, if your accident occurred in international waters, the Athens Convention would apply. Here, you would have 2 years to begin your claim.
For more information on how long you’d have to start your cruise accident compensation claim, please contact our advisors today or read our dedicated limitation period guide.
No Win No Fee Cruise Ship Injury Claims With JF Law
At JF Law, our solicitors have extensive experience in helping clients seek compensation in cruise ship accident claims. They work on a No Win No Fee basis through a contract called a Conditional Fee Agreement. This means that you’d have no upfront payments to make in service fees for a solicitor to begin working on your case.
Claiming this way also ensures you don’t pay ongoing service fees as your case progresses, or if your claim is unsuccessful. If your claim wins, the solicitor will deduct a small fee from your compensation. This success fee is a legally limited percentage, meaning the majority of your compensation stays squarely with you.
Additionally, by choosing to work with one of our solicitors, you can benefit from:
- Regular updates about the progress of your claim
- A safe environment where you can ask any questions or express any worries you might have
- Expert guidance throughout the cruise ship accident claims process, including simple explanations of complex legal terms and straightforward advice
- Support with gathering evidence to strengthen your claim
- A thorough assessment of potential compensation to ensure your cruise ship injury claim is accurately valued
- Negotiating a settlement that fully reflects the extent of your injuries and losses
These are just a few of the services our specialist solicitors can offer. No matter what support you receive, you can rest assured that your claim will be in safe hands and that your solicitor will prioritise your needs throughout.
Contact Our Solicitors
If you’d like to learn more about how we could help you secure the best settlement, please get in touch today. To speak to one of our advisors, you can reach us by:
- Calling us on 0151 375 9916
- Contacting us online
Learn More
Why not read our other accident abroad guides about:
- How to make a knee injury claim
- The number of personal injury claims that go to court
- Compensation in multiple injury claims
Helpful external resources:
- NHS guidance on first aid
- Check if you could qualify for Statutory Sick Pay in this government overview
- See Health and Safety (HSE) advice on managing sickness and a return to work
Thank you for reading our cruise ship accident claims guide today, and please reach out for further information.
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