When envisioning cruise ship holidays, thoughts often drift to idyllic days spent lounging by the pool, basking in the sunshine, indulging in delectable cuisine, and partaking in a plethora of engaging activities. Such is the expectation for the majority of vacationers embarking on a sea voyage. However, regrettably, for many, this blissful reverie is abruptly interrupted by a cruise ship injury, casting a shadow over their holiday experience and potentially lingering long after disembarking.
Cruise ship accidents and illnesses are the least desired concerns when planning a holiday abroad. Despite taking every possible precaution, the risk of encountering a cruise ship injury cannot be entirely disregarded. For the unfortunate few who find themselves falling ill or sustaining a cruise ship injury, avenues for seeking compensation may be available.
Cruise ship injury claims and The Athens Convention
As a citizen of the UK, if you experience an injury-causing accident on land, your claim would typically fall under the jurisdiction of UK personal injury laws. However, when it comes to accidents aboard cruise ships, which traverse international waters and make port in various countries before reaching their final destinations, UK laws do not apply. Instead, these cases are governed by The Athens Convention.
The Athens Convention stands as an international maritime treaty designed to provide a legal framework for determining liability in cases of personal injury, death, and property damage that occur while onboard a cruise ship. By following specific rules and regulations, The Athens Convention streamlines the process for passengers and their families to seek compensation when traveling abroad.
To pursue compensation under The Athens Convention for a cruise ship injury, it is necessary to demonstrate that the cruise line failed in its duty of care toward you, resulting in an accident or incident that led to your illness or injury.
Establishing liability
Cruise ships are generally considered to be safe environments for passengers to navigate. These vessels are notably large and employ a substantial number of staff to oversee passengers and ensure that all public areas maintain a high standard of safety. This entails regular maintenance, risk assessments, and the prompt repair of any damaged or hazardous areas or equipment on board.
However, if these responsibilities are neglected and you sustain a personal injury through no fault of your own, you may have grounds to pursue a cruise ship injury claim.
Evidence to support cruise ship injury claims
Most large cruise ships are mandated to have medical personnel on board to ensure the well-being of passengers and crew throughout their voyages. If you suffer a cruise ship injury or illness, the first and most crucial step is to seek medical assistance. Not only will this enable you to receive necessary medical care for your injuries, but it will also ensure that your injuries are properly documented in your medical records.
Following any accident, it is vital to promptly file an accident report with the relevant authorities. This report should include details of how the accident occurred, the date and time it took place, and the extent of your injuries. This information will be indispensable should you decide to pursue a cruise ship personal injury claim in the future.
Additionally, gathering photographic evidence of the accident site, such as images depicting hazardous conditions like a wet floor without warning signs, along with CCTV footage and witness statements, can bolster your case by providing further evidence of the circumstances surrounding your cruise ship injury.
If you encounter difficulties obtaining certain forms of evidence, rest assured that your personal injury solicitor can assist by requesting and acquiring this information on your behalf.
Is there a time limit to make a cruise ship injury claim?
There is a two-year time limit for filing a cruise ship injury claim, starting from the day you disembark the cruise liner. This differs from typical personal injury claims, which usually have a three-year time limit beginning from the day of the accident.
While two years may seem like a generous timeframe, it is advisable to initiate your cruise ship injury claim as soon as possible. This allows your solicitor ample time to gather necessary evidence and medical reports for preparation.
Stonehewer Moss can help you
Stonehewer Moss are an APIL accredited personal injury law firm in Northwich, Cheshire. We are proud to be the only APIL accredited firm in Northwich, providing services for clients nationwide.
Stonehewer Moss are a specialist personal injury firm, with over 20 years of experience in handling cruise ship injury claims spanning a wide variety of injuries and accident circumstances.
We offer free, no-obligation consultations via phone, email and zoom to accommodate all of our clients and provide honest, straightforward advice to ensure you receive the best possible service when you need it.
If you have been involved in an accident out at sea and would like to know where you stand, reach out to Stonehewer Moss Solicitors today.
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Call us on freephone 0800 434 6544 or 01606 87 22 00
Email us at info@stonehewermoss.co.uk
