Cruise ships in Florida are a common sight. Massive numbers of Floridians and people from all over the country flock to our ports for vacation voyages to destinations near and far. Most cruises offer various excursions in the ports-of-call. Who is held responsible when someone is injured going to and from the cruise ship to the port, or while on an excursion away from the cruise ship?
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.
