What’s the Statute of Limitations for a Cruise Ship Accident?
While you may go on a cruise with the sole intent to relax and enjoy your time with loved ones, you may, unfortunately, encounter a situation where you are injured while trying to have a good time. Perhaps you slipped and fell, or you were assaulted by a ship employee or another passenger in your own dorm. However, determining who is liable for the injury may be a little unclear, especially when there are numerous factors associated with cruise ship accidents. It is important that you determine who is at fault since this information is essential for filing a lawsuit or claim for a Miami cruise ship accident against the person or entity responsible for your injury. With the aid of a knowledgeable cruise ship personal injury attorney, you’ll be able to determine who is at fault and hopefully secure a victory for your case, so that you’ll receive the compensation that your merit. Now, because maritime laws are complex, every personal injury case, just like cruise ship accidents, have what is known as a “statute of limitations”. Want to know what the statute of limitations for cruise ship personal injuries is? Continue reading.
Statute of Limitations with Cruise Ship Accidents
According to Wikipedia, “ Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.[1] When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defense against that claim is, or includes, that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most crimes that have statutes of limitations are distinguished from serious crimes as these may be brought at any time.[2](para 1.) “
Typically, the statute of limitations, or the time within which a lawsuit must be filed, for negligence claims is four years. However, if you are injured on a cruise ship or during a shore excursion, the statute of limitations is one year, and a lawsuit typically must be filed in federal court in Miami or even California in order for it to be valid. Since one year can go by very fast, it is extremely important to contact a cruise ship Miami expert personal injury attorney from Percy Martinez Law Firm right away preceding any injury that you sustain on the cruise ship which resulted in your damages.
With all of that being said, it is important to read the contractual terms and conditions, as well as maritime laws – an independent body of laws, conventions, and treaties that govern private maritime-related business and other nautical matters – and federal regulations that are associated with the particular cruise and cruise line. Due to all of the complexities associated with maritime personal injury cases, having a lawyer assist you through the process is your best bet.
You can typically locate these regulations, laws, and contractual statements on the back of your cruise ship ticket. It is also important to file your lawsuit within the time indicated on the back of that ticket. If you fail to file the lawsuit within the time frame that has been set in the contract, you might forfeit your chance to receive any compensation for your damages, even though the cruise line may have been clearly negligent.
Finally, you should expect the cruise line to deny liability, even when you are able to sue, so please contact and work with an attorney to build a solid, iron-clad case in order to succeed and receive compensation for your injury.
How Would You Show Liability?
Determining and demonstrating liability during a cruise ship accident case can be difficult, but these are the elements involved:
⦁ Duty of care: There must have been a legal duty of care that the defendant owed towards you. In the case of you being a passenger on a cruise line that was injured, yes, the cruise line has a high-level of care that they owe you. In other words, they have to see that you do not acquire any injuries during your stay on the cruise.
⦁ Breached care: For this element, you have to show how the cruise line breached that care. Meaning that you have to show that negligence existed. For example, let’s say that there was a hazardous object on the gangway that the cruise line should have addressed, yet they didn’t. The simple fact that they didn’t shows that they breached their duty of care towards you.
⦁ Causation: This element refers to the defendant being responsible for the plaintiff’s accident. Due to them not addressing any issue that the gangway had, that suggests that they are the causation of your accident.
⦁ Damages: It is not simply going through an accident. You have to sustain damages during your accident. This means that you have to either sustain ⦁ specific and non-specific damages.
Are these elements present in your accident? If so, you have the ability to pursue a claim for compensation of your damages. Cruise ships owe their passengers a high level of care, if they cause your injury, they will be liable for your damages.
Experienced Maritime Miami Attorneys
If you can show that these elements exist in your accident, then you most likely have a solid case. Get in touch with our professional team of cruise ship accident attorneys in Miami at Percy Martinez Law Firm if you or your loved one has been in any type of accident on a cruise ship. We will explain to you the process and ensure that you meet the requirements and provisions that are tied with personal injury cases on cruise ships. Our experts are awaiting your call to guide you down the right path during your cruise ship accident lawsuit.