A cruise ship is responsible for the safe transportation of her passengers between the ship and the port-of-call.  A cruise ship may not escape liability for injuries that occur when a passenger is being transported from the ship to the port, even if the cruise ship hires an independent company to provide transportation.  Florida Courts have held that a cruise line’s duty to provide passenger with safe transportation, under adequate supervision, to and from ship to shore is not delegable.  The boat ride, or “tender,” to shore is not considered an excursion, but rather transportation.

So what happens when a passenger is safely transported to shore but suffers an injury in port or while participating in an excursion?  Under general maritime law, all cruise lines owe cruise ship passengers a duty of exercising reasonable care under the  circumstances.  What is considered reasonable under the circumstances varies depending upon the facts of each incident and the knowledge of the respective parties.

For example, a cruise ship operator that had no ownership interest in a “dune buggie” excursion was not liable for injuries sustained by passengers who rented the dune buggies on shore and had an accident.  The cruise ship operator had no duty to warn the passengers that the dune buggy could be involved in an accident because the risks of such were obvious.

A cruise ship operator may be held liable, however, where cruise ship passengers are attacked while in port.  The duty of the cruise ship does not end at the point of debarkation and embarkation.  The cruise ship has a duty to warn of dangers known to the carrier in places “where the passenger is invited or may reasonably be expected to visit.”  This duty does not apply if the only purpose of the ship (or “carrier”) is to transport passengers from one point to another.

Cruise ship passengers who suffer injuries must be aware of the disclaimers of liability contained in the ticket or “contract of carriage.”  Cruise ship operators may limit their potential liability in some instances but not others.  Maritime law has specific considerations and time limitations in which to bring a suit.  Therefore, it is imperative for anyone injured while taking a cruise, whether on or off the ship, to contact an attorney familiar with maritime law and principles as soon as possible. 

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.