What to Do if You’re Injured During Onshore Excursions Organized by Cruise Lines
Cruises continue to be one of the most popular ways for Americans to get away from it all. Along with traversing the high seas, passengers also enjoy various onshore excursions at docking ports. Unfortunately, it is during these excursions that injuries sometimes happen.
The question is: What should a passenger do if injured while on an off-the-ship adventure organized by the cruise line?
Who’s Responsible?
The first question many clients have after a cruise-organized off-boat excursion is: Who’s liable for my injuries? The answer always depends on the circumstances.
When an accident comes about due to the negligence of the tour operator, a client may have a claim directly against the negligent tour provider for economic and non-economic damages, such as lost wages, medical care, and pain and suffering. If the cruise line helped book the tour, it may also potentially be held liable.
What About Waivers?
Cruise lines point to passenger-signed liability waivers to absolve them from any liability arising from a tour operator’s negligence. However, these waivers are not airtight. In many cases, cruise lines that book excursions for passengers may indeed be held to pay, especially when their negligence plays a role in an injury.
For example, if a cruise line is aware that a tour operator does not have the proper safety equipment yet books passengers with the operator anyway, the cruise ship could be held to pay for damages arising out of an accident with said operator, even with a waiver in place.
What to Do if Injured in a Cruise-Organized Excursion
Taking certain steps after being injured on an excursion can help immensely in recovering the appropriate compensation for losses.
Get Proper Medical Care
Wherever the accident occurs, proper medical treatment afterward is vital. Medical care stabilizes injuries and also generates proof and evaluation of said injuries. However, passengers may not be able to get thorough medical care at the location of their accident or even on the ship. Serious injuries may require medevac measures.
Take Photos
Photos of the accident will help victims build their cases. Shots of vehicles and equipment may prove helpful, as may pictures of injuries. Video footage is also useful in establishing claims. However, injury victims should not risk exacerbating their injuries for photos. Other passengers may agree to take shots for victims.
Depending on the location of the accident, security or surveillance cameras may also be present. Noting their existence and locations can help save time.
Get Witness Statements and Contact Information
Witness statements taken at the time of the accident can make strong evidence. Recording or writing down witness descriptions of the event is strongly recommended and may prove more valuable than testimony taken later on. Gather contact details of witnesses as well, including name, phone, and email.
Get Details of the Excursion Business
Perhaps one of the most important steps is to get as much information about the excursion business as possible while on site. Questions to consider include:
- Are its permits active?
- Does it have the proper permits?
- Are the employees properly trained and licensed for a particular excursion?
- Is the company’s equipment up to safety standards?
Also pertinent are details relating to prior company accidents. On-site questioning may divulge accident information found in the provider’s past.
Guard Your Words
Whatever happens after an accident, passengers should be careful of what they say. The investigation report should not include words from the victim such as “I am sorry” or “It was my fault.” Even statements regarding their current physical condition should be made carefully. Saying “I feel alright” may later be used to reduce a damages award.
Meet With an Experienced Cruise Ship Accident Attorney
If you are seriously injured in a cruise-organized excursion off the ship, you will ultimately need to file a claim for compensation. In every instance, the rules relating to jurisdiction, conflicts of laws, and other legal principles are more complex than in standard personal injury cases.
Injury victims need attorneys experienced in navigating various bodies of law and recovering compensation for their clients. The sooner an attorney is at the helm, the better.
Speak With a Cruise Ship Injury Lawyer Today
Vacation cruises are fun and exciting until they are not. Cruise ship injuries can not only put a damper on your vacation but negatively impact your life at home as well. The good news is that cruise passengers have the right to compensation when injured by others. While money won’t change the past, it can help immensely in the future. Contact Stein Law for a free consultation today.