Cruise ship operators must take all reasonable precautions to keep their passengers safe. So, passengers injured due to breach of the duty of care may have strong grounds for suing cruise ships in Illinois. Cruise ship injuries can arise from food poisoning, slip and fall hazards, cruise ship employees’ negligence, medical malpractice, burns, and hazardous conditions in the recreational activity areas.

So, while you get on a cruise ship with the best intentions of a relaxing vacation or for work, it helps to know that you have recourse should things take a negative turn. Call 312-600-0000 to schedule a free review of your case with one of our cruise ship accident lawyers at Ankin Law if you were injured on a cruise ship.

What Is Maritime Law, and When Does It Apply?

Maritime law is also known as admiralty law. It outlines a specialized legal framework that oversees activities and disputes on navigable waters, high seas, and related matters. These regulations cover navigation, shipping, marine commerce, and maritime accidents.

Maritime law dates back to the early trading civilizations in the Mediterranean. Over time, these laws have transformed into elaborate national and international bodies of law. In the U.S., these laws are primarily federal, though, in some instances, state laws come into play.

Key elements of maritime law include:

The Jones Act

This act is among the most significant statutes of Maritime law. It outlines protections for seamen hurt in their line of duty and allows them to seek damages from their employers for cruise ship injuries suffered as a result of employer’s negligence.

This act is key in ensuring seamen, like other employees, can seek and receive compensation for injuries sustained at sea.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

This federal Maritime Law makes provisions for workers’ compensation to maritime employers who are not seamen. These workers include harbor employees, longshoremen, and other maritime employees.

Under this act, injured employees can benefit from rehabilitation services, medical care, and compensation for lost wages.

Maintenance and Cure

Maintenance and cure is a doctrine that obliges employers to cater for an injured seaman’s medical care and living expenses until he or she reaches maximum medical improvement. Maximum medical improvement (MMI) is a determination made by a health practitioner that indicates that an injury has been treated, and a patient rehabilitated to a point where his or her condition cannot improve further.

Maintenance covers the injured party’s basic living expenses, while cruise care covers the party’s medical bills. This requirement is invoked regardless of which party was at fault for the injury.

Cruise Ship Injuries

While most people enjoy a trouble-free voyage, some are not as lucky. Every so often, there are reports of accidental injuries, criminal acts, illness, and even death on cruise ships. In 2021, Illinois recorded 93 boating accidents, resulting in 28 injuries and 16 deaths. These incidents can stem from various sources, including a ship’s sea unworthiness, crew misconduct, passenger misconduct, and company or the ship captain’s negligence. Common cruise ship injuries include:

Food Poisoning

Cruise ships offer a wide selection of foods and drinks to passengers on board. Contamination of either can lead to illness on board. You can sue a cruise ship for injuries and damages arising from a food poisoning incident.

Slips and Fall

Just as on dry land, it’s not uncommon for cruise ship passengers to sue a cruise ship for a slip and fall. Slips and falls are incidents where you lose your footing and fall. These accidents stem from slippery floors, wet floors, poor lighting, uneven surfaces, inadequate safety training, and poorly maintained walkways.

Even the most common slip and fall injuries can leave you in significant pain and even put you out of work.

Negligent Actions of Cruise Ship Staff or its Representatives

You can sue for compensation for injuries you suffered on a cruise ship that resulted from the negligence of the ship’s crew or its representatives. Some injuries that arise from negligence include assault by other passengers or crew members, automated door injuries, and elevator and escalator accidents.

Note that you have to prove that a duty of care was owed and that this duty of care was breached to recover compensation from a cruise ship company.

Medical Negligence

You may need medical assistance while on a cruise ship. If that happens, medical providers should give you care and treatment that meet the established standard of care. You can hold a cruise ship liable if the negligence of its medical providers leaves you with serious injuries.

Recreational Activity Area Injuries

Cruise lines are expected to ensure their recreation activity areas and equipment are of a good standard, adequately manned, and well-serviced and maintained.

When this doesn’t happen, cruise passengers might suffer injuries or even death in recreational areas on the ship. Examples of recreational areas are the swimming pool area, diving boards, climbing walls, gyms, and water slides.

Burns

Because ships function like any other hotel, they bear potential for burn injuries. Passengers can be injured by electrical burns, scalds from beverages, and burns from showers and saunas.

What to Do After a Cruise Ship Injury

The steps you take immediately after an injury can make or break your claim against a cruise ship company. While no one gets on a ship to get injured, be sure to follow the same steps as you would after a car accident. These steps include:

  • Get Medical Attention Immediately: Visit the closest health facility on the ship and get medical help. Obtain and keep all your medical reports and prescriptions.
  • Make a Formal Incident Report: You can report the incident to the ship’s management or security personnel. Get a copy of your report and follow the directives the ship’s personnel give you to the latter.
  • Take Photos and Video Evidence of the Incident Site: Your photos and videos should pay particular attention to any hazards present. Similarly, take images of your injuries.
  • Gather Witness Information: Ask for the contact information of witnesses who saw the incident unfold. This information can be instrumental if you need witnesses to testify on your behalf in court.
  • Talk to a Lawyer: Find a lawyer whose practice area includes personal injury. The success rate, years of practice, and payment plan should be among the top questions to ask a slip-and-fall lawyer.

Factors to Consider When Filing a Cruise Ship Injury Lawsuit in Illinois

If you suffer injuries while vacationing on a ship, working on one, or otherwise interacting with one, you might have cause to sue for compensation. However, this is not always as easy as it sounds. Some considerations to have in mind when suing cruise ships include:

Jurisdiction

One of the key things to figure out before suing a cruise ship is jurisdiction. Cruise ships often include this information in their ticket contracts, specifying where a lawsuit against them can be filed.

Typically, this will be where the cruise ship company headquarters are located.

Getting an Attorney

One of the best things you can do when suing cruise ships is to talk to a cruise ship accident lawyer in Illinois.

While this is not a requirement, navigating maritime and personal injury laws can be challenging. Cruise ship company and their insurers rarely offer a reasonable settlement to self-representing claimants. You are likelier to get proper compensation when a seasoned lawyer is leading the negotiation process.

An attorney will take on the preliminary investigations, assemble your medical records, compute damages, and send a demand letter. These actions set the stage for a lawsuit. Once this is done, the cruise ship company will respond with an offer or refute your claim. If they give an offer, your attorney will get into negotiation talks guided by the damages the attorney has calculated and precedence, among other considerations.

If the cruise ship company refutes your claim, your attorney can advise on how to proceed to court.

What Are the Time Limits for Filing a Cruise Ship Injury Lawsuit?

Lawsuits have time limits or deadlines within which to file. These time limits are known as Statutes of Limitations. Generally, the timeline for suing for a personal injury in Illinois is two years from when the incident happened.

However, cruise ship companies have imposed a one-year time limit for legal action by including this in their ticket contract. By accepting a ticket contract, passengers are bound to cruise ship timelines, whether read or not.

Besides the one-year limitation, most cruise liners have also added a six-month notice period. This means an injured party must give the cruise line written notice within six months of the incident. Failure to file within a year or issue the notice can cause you to lose your right to pursue legal action.

Insurance companies would rather not pay claims. When they do, they prefer to make the lowest payouts possible. If you or a loved one has had a cruise ship accident, contact us today for a free case review.