Diagnosis

Cruise ship doctors want their patients to have a good time on their cruise, so they are often quick to diagnose the patient with seasickness or common cold when their condition is actually much more serious. An unnecessary prescription is often given, which may do more harm than good. The cruise ship doctor may not even have access to a proper x-ray or other diagnostic equipment to rely on when making a diagnosis, so they have to make the best diagnosis they can with the information they have, which is likely to be incorrect.

Being Transferred

If your medical situation is beyond the scope of the cruise ship’s doctor, they are likely to send you to the hospital as soon as your ship reaches a port. You will usually be placed at the mercy of doctors and nurses in a hospital where you don’t understand the language and cannot explain your medical situation. Even if you receive proper treatment in a remote country, which is unlikely, your ship will have already moved on and you will have to make arrangements to either meet the ship at another port or take a plane home.

Cruise ships wash down the decks in the early morning or at night. They close the deck area or post warning signs. If these warnings are ignored or aren’t posted as required, passengers may walk normally through the area and not take the necessary precautions. The fact that the ship’s moving can cause passengers or crew carrying drinks to lose their balance and spill the liquids. If not cleaned up or cordoned off promptly, this wet spot is a potential hazard to unsuspecting passengers. With the ship at sea and out in the elements, it’s possible for rain or for high seas coming over the rail to cause wet decks. In these instances, the ship needs to alert passengers to the potential hazards so they can be cautious if they venture out on deck.

Passengers should also be concerned if a storm will cross the path of the ship. It may be necessary for the ship to make abrupt navigational changes. This maneuvering can cause passengers to lose their balance and fall from the poor footing. Another possible hazard is poor maintenance of the deck. The nonskid deck paint wears down over time and the resulting loss of its frictional properties creates slippery spots on the deck.

The cruise line is responsible for the proper care and maintenance of the desk. Passengers should be aware of the potential hazards.

Until now, the standard has held that the nation of the ships’ registration will determine appropriate remedy and law. However, in countries that border international waters, a boundary is recognized by the maritime community to extend outward into the body of water, usually a twelve mile “international boundary”. A ship within this boundary may find itself subject to the laws of the “host” country. In order to clarify some of this confusion over jurisdiction, the United States Congress enacted the Cruise Vessel Safety and Security Act (CVSSA) in 2010. This act seeks to provide safety and security requirements for vessels that carry 250 passengers or more, and that embark and disembark its’ passengers within the United States of America.

The Act provides for medical and security personnel aboard to be trained to respond to criminal and medical emergencies, and to contact U.S. authorities regardless of where the situation occurred. It also mandates that the vessel is to install and monitor security cameras where appropriate, and to save the tapes as back-up evidence if required. Every passenger aboard is also provided with a personal security “guide”, and will have a stateroom with a peephole that allows for identification of visitors before entry into ones’ cabin. Other guidelines cover medical training and staff interaction with passengers.

Anyone who comes into contact with noroviruses may become ill. There are no vaccines to prevent infection, and no one can build up immunity. There are no drugs available for the treatment of symptoms caused by noroviruses. People display symptoms of noroviruses quickly once they have been infected. Stomach cramps, nausea, vomiting, diarrhea and other symptoms of norovirus illness cause more than 70,000 people to be hospitalized in the United States each year.

Cruise ships are susceptible to noroviruses for several reasons, including the close proximity of hundreds of passengers. Noroviruses are easily transmitted through bodily fluids. If someone is infected and they touch a door handle, serving utensil or other object, there is a high possibility that the next person to touch the same item will also become infected. Many cruise ships serve meals on a buffet table, which increases the odds of coming in contact with germs.

One way to prevent the spread of noroviruses is proper hygiene. Hand-washing is perhaps the single most-effective way to stay healthy. Soap and water can kill viruses before an infection begins. An alcohol-based sanitizer can be used temporarily if soap and water are unavailable. Another way to prevent norovirus is to avoid touching the areas near the eyes, mouth and nose. These two simple steps can help someone stay healthy while enjoying a cruise.

The tickets and/or boarding passes are a contract between the passengers and the cruise operator. These documents will be written in accordance with the ship’s country of registry. This country could provide limited liability laws that are favorable to cruise line operators. Prospective cruise passengers should read the ticket and boarding pass thoroughly. These documents will spell out what rights they do and do not have in the event of a cruise ship injury.

The most important concept passengers need to understand about the ticket is it a binding contract between them and the cruise line operator. If a cruise ship is registered in Liberia Liberian laws will apply to the ship and passengers. Ships that operate out of Miami, Florida and visit the Bahamas , Liberian law still applies. This makes citizens of any country except Liberia international passengers. U.S. citizens should seek a lawyer that specializes in cruise ship injury cases rather than their family lawyer. Many lawyers are not familiar with maritime law and could hurt their clients’ chance for a trial.

Handling your case

If you are injured while taking a cruise, carefully review the fine print on your ticket. You will probably discover that it severely limits the possibility of holding the cruise line liable for the damages you have suffered. For example, there may be a provision stating that you must contact the cruise line regarding the matter within six months after the event occurred, or your claim will have no merit.

When you feel you have a case to settle with a cruise line, contacting an attorney who has experience in dealing with such cases may be your best option. As a rule, your case will be taken on contingency fee basis, which will probably amount to 1/3 of what is recovered from the cruise line when a settlement has been reached.

What you should know

While cruise vacations are generally quite safe and enjoyable, injuries and other events causing harm to passengers do happen, particularly today when larger ships with room for more than 5,000 passengers have become part of a cruise line’s fleet. Also, note that, depending on the category and seriousness of an event in which passengers were injured, the cruise line may also be held liable if any crew members were harmed as well.

Documentation

The best preparation to have for a cruise ship lawsuit is to first have as much documentation saved as possible. Your word and description of events can be provided as a statement, but it frequently provides very little evidence in and of itself. Instead, injured parties are best served by keeping each and every piece of paper documenting the incident on board the cruise ship, even the ship’s own paperwork if possible. Obviously, cruise ship companies may not want to be helpful in providing this paperwork when they get hint of a lawsuit coming. However, if you know where the documents exist, your lawyer can go after them through the discovery process.

Witnesses

People tend to see, hear, read, and observe a lot. However, folks don’t always proactively step forward to say what occurred. With a cruise ship injury, particularly when traveling, identifying all the involved and nearby witnesses can provide a treasure trove of statements and observations if the incident was fairly public and visible. While the injured party may be focused on the harm that just occurred, he or she can easily have a friend or relative get everyone’s name in the vicinity just in case. The immediate action will be very helpful months later when the lawyers need to chase down the potential evidence to make a case.

• Water Slide
Overcrowding combined with minimal supervision and the differing sizes of multiple users at one time can lead to accidents. Common injuries include slips and falls on wet decks; slipping or falling from ladders; lacerations from ladders or slide components; and head injuries and drowning or near drowning caused by the press of fellow passengers using the slide.
• Wave Pool
Children and small adults are often victims of drowning or near drowning incidents in wave pools. Flimsy flotation devices give a false sense of security, and the ebb and flow of the artificial waves can draw weak swimmers into deeper water. Crowded conditions can lead to swimmers who have slipped or been knocked from their rafts going unnoticed even when lifeguards are present.
• Swimming Pool
As with all cruise ship activities, the presence of other guests makes a simple swim in the pool more dangerous. Common swimming pool accidents include slip and fall on wet decks; head injury from collision with pool walls or bottoms; and drowning or partial drowning leading to oxygen deprivation and traumatic brain injury.

Most cruise lines offer passengers a variety of ship-sponsored onshore excursions during stays in ports-of-call. Especially on Caribbean cruises, many of these activities are water-based and lend themselves to water-related injuries. Faulty equipment, insufficient supervision by guides or the inadequate instruction of participants can lead to drowning, head injury or other accidents during the following activities:

• Scuba diving or snorkeling.
• Water skiing, windsurfing or parasailing.
• Jet Ski rentals or tours.