Are Liability Waivers Enforced in Cruise Ship Injury Lawsuits?
Cruises might make passengers sign liability waivers before embarking to protect themselves from liability for potential accidents and injuries. However, victims may still be able to sue for compensation even after signing waivers.
A cruise ship liability waiver may not be enforceable if the ship makes port in the U.S. and the injury was due to negligence, the waiver contains ambiguous language that the passenger cannot understand, or the waiver contradicts public policy. Assuming you cannot sue because you signed a waiver before your trip, it could delay your case, putting you at risk of missing the filing deadline. We can carefully read the waiver and obtain and review evidence from the accident to determine if the court will enforce it.
Schedule a free case review from our cruise ship accident and injury lawyers by calling Rivkind Margulies & Rivkind, P.A. at (305) 204-5369.
Are Cruise Ship Liability Waivers Enforced in Injury Lawsuits?
When purchasing a cruise ship ticket, you may also sign a liability waiver or agree not to sue the company for certain accidents and injuries. Fortunately, liability waivers are not always enforceable, and our lawyers can confirm whether that is true in your case.
Negligence Caused the Onboard Accident
Under federal law, ships that make port in the United States may not have provisions in tickets or contracts that waive liability for personal injury or death due to negligence.
For example, cruise ships must have guardrails above a certain height—42 inches—to prevent falls overboard or onto lower decks. This is mandatory under the Cruise Vessel Security and Safety Act (CVSSA), and failing to ensure all decks have this crucial safety measure would be considered negligent, as it increases the risk of serious or fatal injuries from falls.
The Waiver is Ambiguous
Liability waivers must use clear, unambiguous language so that passengers understand the rights they are waiving. Using confusing jargon or hiding important information within waiver documents could lead to passengers agreeing without fully appreciating the possible consequences should they sustain injuries that require compensation. Our cruise ship accident and injury lawyers can carefully review your passenger ticket and any additional waiver documents to confirm if the language would make it void, enabling you to sue for the accident.
Furthermore, the waiver must specifically state which liabilities the cruise ship company is immune from, and, depending on the circumstances, your accident might not be mentioned in the document. The waiver would be unenforceable in these situations, as it would not apply.
The Waiver Contradicts Public Policy
Waivers cannot attempt to eliminate liability for deliberate acts. Cruise ships are, unfortunately, somewhat dangerous places, and passengers might be the victims of various intentional acts, including physical assaults or sexual assaults. Cruise ships might be liable for victims’ damages in these situations, as they must properly vet employees before hiring them and maintain property security onboard and while docked at ports to deter such events.
What if You Were Injured on a Cruise Ship and Signed a Liability Waiver?
First of all, do not assume you cannot sue. Immediately after the accident, crew members or representatives of the cruise ship company might claim that because the ticket or passenger contract waived certain liabilities, you do not have legal recourse to seek compensation. Do not take what they say at face value; proceed as if you can file a claim.
Preserve Evidence
Victims injured because of negligent poor maintenance, negligent security, or a lack of sufficient safety measures should immediately photograph the area and report the incident to the cruise ship. Cruise ships should have protocols for falls overboard, and our lawyers can obtain reports detailing search-and-rescue missions when preparing claims for victims or their survivors.
Cruises must have surveillance systems onboard per the CVSSA, and we can quickly request footage to ensure it is not deleted. If the cruise refuses to provide footage in a timely manner, we can subpoena it to assess how it might factor into your case. Furthermore, we can identify eyewitnesses to the accident and promptly contact them to schedule interviews and preserve their statements. If the cruise ship did not speak with eyewitnesses during the investigation, we may identify them by reviewing security camera footage and other tactics.
Get Medical Care
You should also get medical care, not just to gather evidence for a potential compensation claim, but also to monitor your condition and ensure you receive the appropriate treatment to facilitate a full physical recovery, if possible.
Cruise ships have small medical facilities on board where victims can receive immediate treatment. Depending on your injuries, you might need to be transported to the closest hospital that can treat you. For example, victims who fall onto lower decks might sustain broken bones or internal injuries that require surgery. If, after reviewing the waiver, the evidence, and the accident, our lawyers deem the court will not enforce the waiver, the cruise ship company would be liable for all medical costs associated with your injuries.
Quickly Confirm Your Right to Sue
In addition to requiring passengers to sign liability waivers, cruises might include additional terms in tickets, such as shortening the statute of limitations for injury claims to one year and specifying their chosen jurisdiction for lawsuits. Because victims may have less time to seek compensatory damages, they should confirm their right to sue immediately after signing a waiver. If you wait to have our cruise ship accident and injury lawyers assess the waiver, you might miss the deadline to sue, which would block you from recovering any damages, just as if the waiver were enforceable.
What Cruise Ship Injury Lawsuits Involve Liability Waivers?
Lawsuits filed for injuries sustained during land excursions, water excursions, and activities on board the cruise ship may involve liability waivers, which could complicate victims’ recoveries.
Land Excursions
Land excursions abroad often require participants to sign liability waivers with excursion companies. Assaults, car accidents, and other incidents can occur during land excursions, leaving victims wondering if the liability waiver they signed is enforceable. We can review the waiver and investigate your accident to determine whether you have a valid case. Even if you signed the waiver with the land excursion company, the cruise ship company could be liable if it was marketed as a joint venture.
Water Excursions
Swimming, snorkeling, and other water excursions also often require the signing of a liability waiver because of the inherent risk of drowning and other injuries. Waivers may not hold up for drowning injuries due to broken snorkeling gear or dangerous conditions.
Onboard Activities
Same cruise ships feel like their own cities. Onboard activities such as climbing rock walls, using athletic facilities, trying surfing simulators, or going down waterslides may require a liability waiver for participation. Remember, under federal law, cruise ship liability waivers are typically not enforceable for injuries sustained during onboard activities due to negligence, even if you signed one.
FAQs About Liability Waivers and Cruise Ship Injuries
Does a Liability Waiver Stop You from Suing for a Cruise Ship Injury?
Signing a liability waiver doesn’t automatically stop you from suing for a cruise ship injury, so don’t assume that until confirming whether you have a case with our lawyers. Even if the cruise indicates the waiver will be enforced, don’t take that at face value.
Does a Liability Waiver Limit Your Damages for a Cruise Ship Injury?
If a liability waiver is not enforced, there’s no limit on the damages you can recover for a cruise ship injury. If the waiver is enforced, however, you cannot sue for any damages.
Does a Liability Waiver Affect Your Filing Deadline for a Cruise Ship Injury Case?
Signing a liability waiver doesn’t change the statute of limitations for a cruise ship injury case. However, waiting to learn whether the waiver is enforceable could make you miss the six-month deadline for a notice of a claim and the one-year statute of limitations.
How Can You Know if a Liability Waiver is Enforceable After a Cruise Ship Injury?
Our attorneys can obtain a copy of the liability waiver you signed and carefully read it. Based on its contents and the circumstances of the accident, we can assess its enforceability and tell you if we think a judge will void the waiver.
Are Liability Waivers Enforced if the Passenger Shares Fault for an Injury?
Liability waivers are no more likely to be enforced or not based on the victim’s contribution to their injury. You may still sue for proportional damages if you share fault and the liability waiver does not hold up.
Are Cruise Ship Liability Waivers Enforced for Children?
Liability waivers for children are generally unenforceable, even if parents sign the waivers for their children.
Do You Sign a Liability Waiver When You Buy a Cruise Ship Ticket?
By buying a cruise ship ticket, you agree to the “contract of carriage,” meaning you agree to the terms and provisions in the contract. If the ship makes port in the U.S., any language within that contract of carriage that precludes you from suing for injuries caused by negligence, the waiver isn’t enforceable.
Call Our Lawyers About Your Cruise Ship Injury Today
Call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 for help with your case from our Miami cruise ship accident and injury lawyers.
