A Complete Guide to Filing a Shore Excursion Accident Lawsuit in 2024
Shore excursions allow cruise passengers to explore new places, countries, and cultures. Although excursions can be fun, it is essential to remember that accidents can still happen. If you or a loved one suffered an injury or experienced trauma while on a cruise shore excursion, you may be entitled to compensation through a shore excursion accident lawsuit or by timely making shore excursion accident claims.
Common injuries in shore excursion
It is common for cruise lines to provide several options to their passengers for excursions at ports of call. Horseback riding, water sports, zip-lining, parasailing, snorkeling, hiking, tour boat rides, and walking tours are some examples of popular activities that are offered by shore excursions. However, you must know that these activities are not without risk and injuries. Various contributing factors could cause a shore excursions accident, such as negligence by the cruise line or the shore Excursion Company.
According to the type of activity, injuries incurred on shore can range include the following:
If you have suffered from an injury on a shore excursion, it is best to contact the best shore excursion accident lawyers as soon as possible. This will ensure that the applicable statutes of limitation do not run out before you file your claim. Note that the statute of limitations generally begins to run on the date the injury was sustained.
At Ethen Ostroff Law, we will advise you about your legal rights and remedies and fight for your right to recover lost work wages, medical expenses, pain and suffering, and any additional injuries you may have encountered or will likely encounter.
Medical expenses associated with shore excursion accident
Although cruise line companies try to protect themselves from liability by having passengers sign a contract with their ticket purchase, they are still required to provide reasonable safety and security measures to their patrons. Therefore, you could still have a right to sue the cruise line by filing a shore excursion accident lawsuit if they had been negligent.
A shore excursion accident settlement can potentially cover:
- Current and future lost wages.
- Hospitalization costs.
- Present and future medical treatment costs.
- Restoration and transportation costs.
Wages may be lost not only from an injury but also from a delayed cruise ship. By filing shore excursion accident claims, you may receive compensation for missed flights and extra nights in hotels.
Pain and suffering
You may have monetary damages for any mental anguish or emotional stress you suffered in the isolating confines of a cruise ship after shore excursion accidents. Cruise ship accidents can occur due to adequate safety equipment or emergency precautions, poor maintenance, incompetent staff, or improperly trained employees. Cruise lines can be held legally liable for negligence or other causes of action.
To whom lies the shore excursion liability?
Cases involving shore excursion injuries are complicated. In addition, the cruise lines try to avoid liability for activities that take place off the ship by counting provisions in passenger tickets, intended to legally shield the cruise line from the negligence of the shore excursion operator. Cruise lines are also often designated as independent contractors, making them separate legal entities from the shore excursion companies.
These kinds of legal maneuvers make it hard to determine who is legally responsible for an injury and can make it difficult to timely sue the responsible party. Fortunately, skilled and experienced lawyers will work with you to get through these types of legal obstacles and hold all negligent parties accountable.
Several parties responsible for your injuries in a shore excursion accident lawsuit. For instance, when you purchase a cruise ticket or travel package, you are placing the safety of yourself and your loved ones in the hands of the cruise line. However, if the cruise line fails to keep your family safe, the top shore excursion injury attorney will work with you to seek maximum compensation for your claim.
Often, the cruise line or the excursion company (or both) have passengers execute waivers of liability before engaging in shore excursion activities. These waivers may include language that attempts to absolve the cruise line from liability for injury and restricts the jurisdiction to bring a lawsuit. However, in some cases, these waivers may not be enforceable or null and void, such as when they are against public policy.
Crucial issues when filing for shore excursion accident lawsuit
Although it’s possible to file a shore excursion accident lawsuit against the cruise ship for injuries suffered during a shore excursion, it isn’t always easy. Some of the issues that plaintiffs run into when suing cruise lines for shore excursion injuries include:
Since many cruises take place internationally, plaintiffs sometimes run into jurisdiction problems when attempting to sue for shore excursion accidents. In addition, these types of claims often touch upon complicated areas of maritime and contract law, making it difficult for plaintiffs to succeed without the assistance of an experienced legal counsel.
Many shore excursion contracts include waivers that limit liability for the cruise line, the shore excursion company, and others.
Finally, an injury suffered during a shore excursion will often have a different statute of limitations than state law. Often, you only have one (1) year to file a lawsuit against a cruise line following a shore excursion accident. This is drastically shorter than the statutes of limitations for injuries in most states.
Despite these issues, it is certainly possible to acquire a fair shore excursion accident settlement for injuries suffered during a shore excursion when you enlist the services of an experienced attorney.
How to sue for a shore excursion accident
Here are the steps to file a shore excursion lawsuit.
Take your complaint to ship authorities right after suffering a shore excursion accident.
Collect evidence, such as pictures, videos, and witnesses, before filing a claim to strengthen your case.
Your ticket should be able to include provisions for filing a claim against the issuing or operating company. Ensure to contact a shore excursion accident lawyer who can explain the terms written on the ticket or check if any provision is unreasonable and, therefore, void.
Depending on your case, the top attorney will assist you in seeking damages.
Why choose Ethen Ostroff Law?
Ethen Ostroff Law is prepared to help you and your family seek justice for your injury by connecting you with experienced attorneys having years of experience in maritime and personal injury laws. Rest assured, we will work diligently and aggressively for your shore excursion accident lawsuit to ensure that you are justly compensated for all your shore excursion injuries.
Our skilled, experienced, and qualified network of lawyers will investigate the various factors that led to the accident as well as identify the negligent parties. Some elements that we will look into include:
- Where the accident happened on the ship.
- What the main cause of the accident was.
- If there were alcohol or drugs involved.
- Who the negligent parties were.