How Does Cruise Ship Slip and Fall Accident Liability Work?

How Does Cruise Ship Slip and Fall Accident Liability Work?

November 22, 2022 Off By Charlotte Miller

Although Cruise ship vacations are supposed to be relaxing and carefree, still several potential onboard accidents and injuries can happen during your time on board.

It has been reported that there have been 448 significant accidents involving cruise ships since 2005, so even if you are careful enough to avoid any personal accidents, you can still get injured on a cruise ship due to an accident with the ship. Thankfully a cruise ship injuries lawyer can help you get justice from the cruise line for your injuries.

However, in this article, we are going to be focusing on cruise ship slips and falls and whether it’s your fault or that of the cruise ship.

The Causes of Cruise Ship Slip and Fall Incidents

Falls are one of the most common ways passengers get hurt on cruise ships. There are many potential causes and locations on a cruise ship for a slip and fall accident. Common areas include the open deck, the pool area, the restaurant, the theater, the restrooms, the dance floor, and other public spaces. 

Slips, trips, and falls can also happen on cruise ships because of dangerous flooring materials or when the ship floor is being cleaned. For example, when the marble floors are being waxed or buffed.

In addition, ship motion, especially in rough seas, can make it more difficult for passengers to keep their bearings. Because of this, you risk tripping and falling. There are many potential sources of slips and falls aboard cruise ships, so the crew must adhere to a number of laws to ensure your safety. 

Among the most crucial guidelines is the obligation to exercise reasonable care.

That being said,  let’s analyze the implications of this for your legal action.

Accident Caused By Cruise Line’s Carelessness

When a cruise ship accident happens because the cruise line or one of its employees or agents wasn’t paying attention, passengers can file a claim for damages under the state’s “premises liability” law. 

When a passenger is injured because of the carelessness of the cruise line, the cruise line is responsible for the passenger’s damages. If a passenger is hurt in an accident, the person or people who are to blame must pay for the passenger’s emotional pain, medical bills, lost pay, and reduced earning potential.

Because of this, they have a duty to make sure you are safe during your stay by taking reasonable steps. This necessitates taking measures to keep the ship as secure as possible, which we’ll talk about in more detail below. So, they still can’t be held liable for every accident that happens to you at sea.

How Does Slip and Fall Accident Liability on Cruise Ships Operate?

A cruise line’s primary responsibility is to ensure a clean ship for its passengers. The decks and walkways, for instance, fall under their purview of responsibility. They should use the appropriate signs if they decide to tidy the area. 

When cleaning the floor, for instance, warning signs should be placed to alert pedestrians that the surface may be wet. Passengers can then take the necessary safety measures while in the vicinity. They must also take precautions to ensure that passengers don’t behave recklessly.

Also crucial is the requirement under maritime law to remedy any potential hazards. Once the cruise line knows about a situation that could be dangerous, they must take steps to keep their passengers safe. 

If they don’t, they might have to pay for anyone who gets hurt because of the hazardous environment, no matter who caused it. For example, if someone drops a banana peel and the cruise staff is told about it, and they didn’t pick it up in time before it injured someone, the injured person can sue the cruise line for negligence.

Proving the negligence of duty

If a lack of safety precautions caused a passenger to get hurt on a cruise ship, they might have a case for negligence. You have a right to financial recompense for your harm if you can show this. 

In order to win the case, your lawyer will have to show that the defendant was careless. There are a few steps you must take to do this. For starters, you’ll have to prove that the cruise ship staff were aware of the danger, or at least should have been.

For example, you can get video footage or witnesses that were present when the staff was notified about the banana peel on the floor

The next step is to show that you were hurt in some way. The use of medical records is commonplace for this purpose.  

If you are in a cruise ship slip and fall accident, you must document your accident by taking pictures and contact details of any crew members or bystanders who may have seen what happened to you because the cruise company will do everything to block any relevant information from reaching you. 

It is better to get all this information before getting off because it might be hard to find witnesses and staff members with information after they leave.