Cruise ships operate as small cities afloat and there are different maritime laws that affect your rights if you are involved in an accident on-board a cruise ship. There are many types of accidents that happen aboard a cruise ship – slip and falls, assaults, food poisoning and even medical malpractice. Essentially, the cruise ship acts as its own independent city while at sea. While most principles of negligence apply there are a few areas where a cruise ship accident attorney could help you identify the differences and present a method of overcoming procedural obstacles in pressing a claim against the cruise line.
For example, when you received your cruise line ticket you were probably surprised at its size and the amount of small print it contained. Over the years, cruise lines have attempted to restrict the rights of those injured while at sea, onboard or even docked. Many of these restrictions have been upheld by the courts. There are a number of traps to avoid when you are involved in an accident on board a cruise.
Read the ticket carefully. A number of cruise lines have added language that restricts the amount of time that you have to file a claim. Among other things, the language of the passenger ticket may require that you present your claim to the court within one year – or sooner.
The ticket may also require you to send the details of the accident to the cruise line within a few months of the accident. This is called a presentment requirement. You want to make sure that any pre-requisite for suit is fulfilled on a timely basis.
Venue is another way of saying location. The ticket may require you to file suit in a particular State. This is called a venue restriction. Many of the cruise lines try to restrict venue to the federal court in the Southern District of Florida.
Don’t let small print take away your rights. Seek the advice of an attorney as soon as you are able. Our initial consultation is free.
Our Florida office is located within the Southern District of Florida at 1221 Brickell Avenue, Miami, FL 33131. We also have offices located in Massachusetts at One Marina Park Drive, Suite 1410, Boston, MA 02210 and Colorado at 2851 S. Parker Road, Aurora, CO 80014.; You can contact John at (617) 996-2500 anytime. Or you can send an email to him at email@example.com
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