What can I do if I fell on a cruise ship and injured myself badly? 47 Answers as of August 14, 2012

I was going on vacation in Florida on a Cruise Line. I went up an escalator and fell hitting my shoulder, neck, head and right foot.

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ANDERSON CAREY & WILLIAMS
ANDERSON CAREY & WILLIAMS | Douglas R. Williams
You can sue cruise lines for your personal injuries, just like other entities. However, your cruise ticket contains "fine print" that shortens the time period you have to assert your claim. We recommend you speak with an experienced maritime attorney promptly.
Answer Applies to: Washington
Replied: 8/14/2012
Victor Varga | Victor Varga
You need to speak with an attorney in the state where the injury took place.
Answer Applies to: Maryland
Replied: 8/14/2012
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
I am replying to this as I am about to get off a cruise ship! The ship is at fault if your fall was from their negligence and there was a defect they knew or should have known of.
Answer Applies to: Connecticut
Replied: 8/14/2012
Gebler & Weiss, P.C. | Jerrie S. Weiss
It will depend on whether there was a defect in the escalator. They are not responsible for a fall or injuries related thereto unless there is a dangerous condition which they had notice of.
Answer Applies to: California
Replied: 8/14/2012
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Contact an attorney immediately as the statute of limitations on a cruise ship injury can be as short as one year.
Answer Applies to: Florida
Replied: 8/14/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Cruise line cases require notice to the carrier within six months and suit within a year in a place the Cruise Line has chosen. These are strict limits and the case usually must be brought in FL.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    A slip-and-fall on a cruise ship is treated the same as a slip-and-fall in a store. Talk to an attorney ASAP.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Whether you have a claim would depend on if there was a defect on the escalator. If the answer is there was no defect, you probably do not have a claim.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You need to act fast, because the limitations periods are very quick.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: Yes, but were you drunk? Seriously, I ask that question because comparative fault can be an issue.
    Answer Applies to: Iowa
    Replied: 8/14/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You can sue the cruise ship. Be careful the contract language has a very limited statute of limitations. You still must show that the cause of the fall was the ship's and not yours, but there is comparative negligence.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    Levin & Perconti | Jeffrey E. Martin
    Your question does not contain any facts regarding the circumstances surrounding the fall, so it is difficult to tell whether there is any basis to pursue a case.

    Did you report the accident to the ship? Was an incident report filled out?

    However, typically, there are reduced deadlines (statutes of limitation) to file lawsuits to recover for injuries that occur on cruise ships, some perhaps as short as 6 months.

    You have to check your ticket to see what those provisions are as well as where you must file such a lawsuit.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You may sue for your damages if they do not take care of them.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If someone was at fault then you can sue.
    Answer Applies to: New York
    Replied: 8/14/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You must prove fault. The mere fact that you fell resulting in an injury is not enough.
    Answer Applies to: Virginia
    Replied: 8/14/2012
    Law Office of Marc June
    Law Office of Marc June | Marc June
    The cruise ship is required to follow the same rules of providing safe access as anyone else. However, you should check your ticket as it may require you to file suit in Seattle or Florida and it may require you to file suit within a year.
    Answer Applies to: Alaska
    Replied: 8/14/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You may try to bring a lawsuit for your injuries however you must show that the line was negligent. It is not enough that you fell but more importantly what caused you to fall. Furthermore, if the incident happened at sea, you may have a jurisdictional problem.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    I would need more information than provided. A cruise ship owes a duty to its passengers to provide a safe environment for its guests. The question becomes how did they fail to perform that duty or breach the standard of care.
    Answer Applies to: Alabama
    Replied: 8/14/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Oh, boy, are you in for a treat. An accident on a ship is handled by lawyers who specialize in Admiralty law. The claim will be made in the jurisdiction where you boarded the ship, and so you will need an Admiralty specialist in that jurisdiction. Save your tickets, boarding passes, and all paperwork from the cruise, because the lawyer will need that information. There is verbiage on those documents that will be important to how the claim will be made.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Stephens Gourley & Bywater | David A. Stephens
    You can sue the cruise ship if your fall was caused by their negligence. You may have to look at your booking and ticket to determine where you could sue them.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Gonzalez & Cartwright, P.A.
    Gonzalez & Cartwright, P.A. | Charles Cartwright
    If a defect caused you to fall, you may have a a case against the cruise line.? I encourage you to speak to an attorney.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Mosley, Engelman & Jones, LLP
    Mosley, Engelman & Jones, LLP | Britany M. Engelman
    You should contact a lawyer to discuss this potential case. Cruise cases can be tricky due to the international nature of the water. Due to the statutes of limitation what will apply, it is important that you speak to a lawyer as soon as possible.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You do not say what caused you to fall. Was it something wrong with the escalator? File a claim with the cruise ship line.
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Falling does not entitle you to a recovery unless it was caused by some defect or fault.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact an attorney who handles slip and fall cases for specific legal advice.
    Answer Applies to: Indiana
    Replied: 8/14/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You need to prove there was something wrong with the escalator otherwise everyone will assume you're just clumsy.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    The Phillips Law Firm
    The Phillips Law Firm | Joseph J Ganz
    Well, you can make a claim with the Cruise Line but unless there was something wrong, broken or inherently dangerous with the escalator you would likely not prevail in any legal forum.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Depending on what caused the fall dictates your options.
    Answer Applies to: California
    Replied: 8/14/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Injuries that occur on cruise ship are governed by some very strict rules. Was the cruise ship headed to an international destination? Were you at sea or still docked? There are many questions that must be answered prior to any advice being given. Please feel free to contact my office to discuss further.
    Answer Applies to: Louisiana
    Replied: 8/14/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can sue them if THEY were negligent. If you just did a dummy and fell over your own feet you can do nothing. You have to prove negligence to recover money damages (except in worker comp case).
    Answer Applies to: North Carolina
    Replied: 8/14/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    You may have a claim against the cruise line. You will need to determine where you will have to file any lawsuit. Many cruise lines include language on their documents allowing them to be sued only in specific places. Check your paperwork and call the cruise line to determine where they consent to be sued.
    Answer Applies to: South Carolina
    Replied: 8/14/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    It depends upon the reason for your fall. If negligence on the part of the cruise line caused your fall, then I would contact the cruise line and tell them you want to establish an injury claim with their liability insurance. However, the cruise line has to be at fault, for example the escalator was in disrepair. If you simply lost your balance and fell, this is not the fault of the cruise line.
    Answer Applies to: Arizona
    Replied: 8/14/2012
    Salladay Law Office | Lance Salladay
    I don't see that the fall was the result of anything the cruise line did or did not do- I don't see that you have a claim.
    Answer Applies to: Idaho
    Replied: 8/14/2012
    Behren Law Firm
    Behren Law Firm | Scott Behren
    You can file a claim against the cruise line. Must usually file in Florida.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Bruce Plesser | Bruce Plesser
    Hire a lawyer. Get med records. Make a demand.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    What was the negligence? If you want to sue, I suggest you read the back of your ticket or your contract as cruise lines all have very tough requirements to sue. Usually you need to serve a Notice of Claim and most require suit in Florida. These rules have been upheld by the US Supreme Court. Read the ticket to find out what State you have to sue in and them contact a lawyer in that State.
    Answer Applies to: New York
    Replied: 8/14/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    You need to find a PI attorney that specializes in cruise ships. There are different rules at play for these types of claims. Google search for it and you'll find plenty in Florida. Good luck.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Offices of Linh T. Nguyen
    Law Offices of Linh T. Nguyen | Linh T. Nguyen
    You should consult with a personal injury lawyer immediately. He or she will be able to evaluate your case and advise you on the best course of action. Most offer a free consultation, so take advantage. Good luck.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Offices of Mark Hopkins | Mark Hopkins
    If the accident happened when the boat was more than 6 miles from shore, your legal action may have to be filed in federal court under maritime law, and not Florida State Court. You need to seek an attorney to get the correct answer. Why not first simply try filing a claim with the insurance company for the cruise line?
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You can submit a claim or demand to the cruise line for compensation. If that doesn't work, you will need to file a lawsuit against it.
    Answer Applies to: Texas
    Replied: 8/14/2012
    Law Offices of Steven D. Urban
    Law Offices of Steven D. Urban | Steven D. Urban
    You could likely bring an action for damages against the Cruise company, if their actions or inactions were the cause of your fall. Notwithstanding and before you do so, you should probably check your contract with the company, as it may require arbitration of your dispute or otherwise limit your ability to bring an action against the company in the forum of your choosing.
    Answer Applies to: Texas
    Replied: 8/14/2012
    Alvin Lundgren | Alvin Lundgren
    If the fall was due to negligence of the ship, you can sue them for your injuries.
    Answer Applies to: Utah
    Replied: 8/14/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    The category of cases dealing with situations like that is called "premises liability". An analysis of a premises liability case starts with determining the status of the injured person as trespasser, licensee, or invitee. The most favorable scenario for a plaintiff is that of a business invitee. "The possessor of land is liable for injuries to a business visitor caused by a condition encountered on the premises only if he (a) knows or should have known of such condition and that it involved an unreasonable risk; (b) has no reason to believe that the visitor will discover the condition or realize the risk; and (c) fails to make the condition reasonably safe or to warn the visitor so that the latter may avoid the harm." Huston V. Church Of God, 46 Wn. App. 740, 732 P.2d 173 (1987). (You can read relevant cases on the MRSC website.)
    Answer Applies to: Washington
    Replied: 8/14/2012
    Mike Yeksavich | Mike Yeksavich
    Whose fault was it that you fell?
    Answer Applies to: Oklahoma
    Replied: 8/14/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You will need to find an attorney that handles maritime injury claims. Use Google to find an atty in the city you embarked from.
    Answer Applies to: Montana
    Replied: 8/14/2012
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