Port Canaveral Cruise Ship Accidents

Port Canaveral cruise accident FAQs

What law applies to cruise ship injury claims?

Federal maritime law governs these cases, not the personal injury laws of the state where the cruise departed or where the injured passenger lives. Maritime law creates rules for negligence, liability, and procedure. Your cruise ticket also contains a contract that sets many important terms that will affect where you may file your lawsuit and how long you have to bring a claim. In most cases, the ticket contract requires you to file within one year of the accident, and you must provide notice in just six months. You need a lawyer who can review your claim and advise you based on specific facts in your case.

Do I have to file my cruise injury lawsuit in Florida?

In many cases, yes, you will need to file in Florida, specifically in the U.S. District Court for the Southern District of Florida in Miami. Most major cruise lines that operate from Florida include forum-selection clauses in their passenger ticket contracts, which state that this is the forum. Even if your cruise left from Port Canaveral or you live in another state, Miami will likely be the place you must file your claim.

Can I still bring a claim if I signed a waiver for a cruise activity?

Sometimes. Don’t let the fact that you signed a waiver prevent you from talking to a lawyer and learning whether you have a valid claim. Cruise lines often ask passengers to sign waivers before participating in activities like surf simulators, waterslides, or climbing walls. However, under federal maritime law, cruise lines generally cannot eliminate all of their liability for negligence through passenger contracts. If an injury happened because the cruise line failed to maintain equipment, properly supervise an activity, or provide a reasonably safe environment, you might still have an opportunity to bring a claim. Given the high costs of medical care and the long recovery times many injuries lead to, you can’t miss the chance to bring a claim that could provide compensation and some financial relief for you and your family.

Can I sue a cruise line if I was injured during a shore excursion booked through the ship?

Possibly, yes, but we need to review the facts in your case. The cruise line may try to argue that the excursion operators were independent contractors, eliminating their responsibility for their negligence and your resulting injuries. However, there are sometimes ways to defeat this argument. For example, cruise lines often market excursions, sell the tickets directly to passengers, or represent to passengers that the operator is safe or vetted. As maritime attorneys, we can review the facts of your case and look for evidence that the cruise line may share responsibility for your excursion-related injury.

What evidence can help prove a cruise ship injury claim?

No one has a claim without evidence. Unfortunately, the cruise line often controls much of the information about what happened on board. They may have helpful evidence like photos or videos of the hazard, witness names and contact information, medical records from the ship’s medical center or even copies of incident reports. Surveillance footage from the ship may also show exactly what happened, but they may not preserve such footage for long periods of time. This is one more reason that contacting an attorney quickly is so important. We can help preserve and obtain the evidence that you need to bring a successful claim.