Cruise Ship Accident Lawyer in Miami

Miami is the cruise capital of the world. PortMiami and Port Everglades together move more passengers than any cruise port on earth, and Carnival, Royal Caribbean, Norwegian Cruise Line, MSC, Virgin Voyages, and Disney all base ships there. When something goes wrong on board — a slip on a wet deck, an assault by a crew member or another passenger, a defective elevator, a medical misdiagnosis at the ship's clinic, a poorly run shore excursion — the legal framework that controls your case has almost nothing in common with an ordinary land-based personal injury claim. The Law Offices of Albert Goodwin represents cruise passengers in maritime injury cases under federal maritime law and the ticket-contract terms specific to each line.

The Cruise Ticket Is a Contract

Every cruise ticket contains a "Conditions of Carriage" or passenger contract that is legally binding even though most passengers never read it. Two clauses matter most:

• Forum selection clause. Carnival, Royal Caribbean, NCL, MSC, and Disney all require that lawsuits be filed in the federal court in the city where the line is headquartered — usually the U.S. District Court for the Southern District of Florida in Miami. These clauses are enforceable under Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991), and a case filed in the wrong court will be dismissed.
• Notice and suit deadlines. Federal law (46 U.S.C. § 30527, formerly § 30508) allows cruise lines to impose a six-month written notice requirement and a one-year statute of limitations from the date of injury. Most major cruise lines do exactly that. Miss either deadline and the case is over.

Maritime Negligence Standard

Cruise passenger cases are governed by general maritime law, which the U.S. Supreme Court clarified in Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (1959). The cruise line owes passengers "reasonable care under the circumstances" — not the heightened common-carrier standard some states apply to buses or trains. To win, a passenger must prove the cruise line had actual or constructive notice of the dangerous condition that caused the injury. The Eleventh Circuit's decision in Sorrels v. NCL (Bahamas) Ltd., 796 F.3d 1275 (11th Cir. 2015), is the leading case on the notice requirement.

Common Types of Cruise Ship Cases

• Slip-and-fall injuries on wet pool decks, polished interior floors, theaters, and stair landings
• Trip-and-fall on raised thresholds, loose tiles, and uneven gangways
• Falls down stairs — particularly when stairs are wet from the pool deck or have inadequate handrails
• Sexual assault by crew members or other passengers — cruise lines have a duty to protect passengers and to investigate
• Physical assault by intoxicated passengers in bars and clubs on board
• Medical malpractice by ship doctors and nurses — historically very limited, but expanded by Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225 (11th Cir. 2014), which allows direct claims against the line for medical negligence
• Food poisoning and norovirus outbreaks
• Shore excursion injuries — zipline failures, boat collisions, ATV crashes, parasailing accidents on cruise-arranged excursions
• Elevator and automatic-door injuries
• Crew-member injuries — Jones Act seaman claims, not passenger claims

Damages

Maritime law allows recovery of medical bills, lost earnings, lost earning capacity, pain and suffering, and loss of enjoyment of life. Punitive damages are available in limited circumstances. Loss of consortium for the spouse of an injured passenger is recoverable under modern maritime law (American Export Lines v. Alvez, 446 U.S. 274 (1980)).

Evidence and Investigation

Cruise lines maintain extensive video surveillance throughout the ship — public spaces, hallways, elevators, pool decks. That video, however, is typically overwritten within 7 to 30 days unless preserved. The first step in any cruise case is a written preservation-of-evidence demand sent to the cruise line's legal department immediately. The incident report filed with the ship's medical staff or security is also critical and is usually only obtainable in discovery once suit is filed.

What to Do After a Cruise Ship Injury

• Report the incident to ship security and the medical center while still on board, and request a written incident report number
• Get photographs of the scene and any visible hazards before they are cleaned or repaired
• Obtain contact information for any witnesses, especially other passengers who saw the event
• Keep all receipts, medical records, and copies of the cruise ticket and booking confirmation
• Do not give a recorded statement to the cruise line's risk-management or claims office without speaking to a maritime attorney first
• Contact a lawyer well within six months — the notice deadline runs from the date of injury, not the date you discovered its full extent

If you have been injured on a cruise that sailed from PortMiami or Port Everglades, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation. There is no fee unless we recover for you.