Cruise Ship Injury Claims From PortMiami

PortMiami calls itself the Cruise Capital of the World, and the major lines sailing from it, Carnival, Royal Caribbean and Norwegian among them, are headquartered in South Florida. That is why an injury on almost any cruise, wherever it happened, ends up governed by a ticket contract that points to Miami. The deadlines in that contract are far shorter than Florida’s.

Written by the Florida Injury Team Legal Content Team · Reviewed for accuracy by our network of licensed Florida attorneys · Learn about our editorial process

Your ticket is a contract, and it sets the rules

When you book, you accept the passenger ticket contract. Federal law (46 U.S.C. § 30508) allows cruise lines to shorten the time to sue, and they do. The typical terms:

• Written notice of the claim within 6 months of the injury
• Lawsuit filed within 1 year of the injury
• Exclusive venue in a specific court, usually the United States District Court for the Southern District of Florida in Miami

Miss the notice or the one-year deadline and the claim is usually barred, no matter how serious the injury.

Maritime law, not Florida law

Injuries aboard a ship are governed by general maritime law. The cruise line must exercise reasonable care under the circumstances, and in many situations the passenger must show the line knew or should have known about the dangerous condition. There is no PIP, no no-fault system, and Florida’s damages rules do not apply. Cases are usually tried to a federal judge in Miami without a jury unless the parties agree otherwise.

Common cruise injuries

• Slips and falls on wet pool decks, in buffets and on gangways
• Trips on thresholds, stairs and uneven flooring
• Injuries in tender boats and during embarkation
• Food poisoning and norovirus outbreaks
• Negligent medical care in the ship’s infirmary, which courts in the Eleventh Circuit have allowed passengers to pursue against the line
• Shore excursion accidents, which often involve separate operators and separate defenses

What to do before you leave the ship

1. Report the injury to guest services and ask for a copy of the incident report.
2. See the ship’s doctor and keep the records and bills.
3. Photograph the hazard immediately, before the crew fixes it, and the area around it.
4. Get names and cabin numbers of witnesses. Once passengers disembark, they scatter across the country.
5. Do not sign a release or accept onboard credit in exchange for one.

Why Miami matters

Because the major lines require suit in Miami, the lawyers who handle cruise cases are concentrated here. The firm we refer you to is a Florida firm that can act within the six-month notice window, request the ship’s CCTV before it is overwritten, and file in the Southern District of Florida on time.