Injured on a Cruise Ship? Your Deadlines Are in the Ticket Contract

Why Florida's Usual Rules Don't Control

People injured on a cruise that departed Miami or Fort Lauderdale naturally assume Florida law governs. In most cases it doesn't, at least not the parts that matter for deadlines. A passenger's claim against a cruise line is generally governed by federal general maritime law and, layered on top of it, by the ticket contract's choice-of-law and forum-selection clauses. That holds for the classic South Florida itinerary: a roundtrip departing a Florida port with stops in foreign ports. Where the ship was when you fell matters less than what your ticket says.

The Contract Tells You It's Limiting Your Rights

Cruise lines are not subtle about this. Carnival's current ticket contract opens with a notice, in capital letters, directing the guest's attention to specific sections that contain "important limitations on the rights of guests to assert claims," including "forum selection, choice of law, time limitations for filing suit, arbitration, waiver of jury trial for certain claims, and class action waiver." Other major lines use similar language. Those sections are enforceable. Courts routinely dismiss passenger cases that were filed a few weeks late or in the wrong courthouse.

Two clocks live inside those sections. The first is a written-notice requirement: you must give the cruise line written notice of your claim within a period measured from the date of injury. The second is the deadline to actually file suit. Both are dramatically shorter than the two years Florida allows for an ordinary negligence claim under section 95.11(5)(a), Florida Statutes, and the notice clock runs out first.

Count your dates: our cruise ship injury deadline calculator shows the earliest notice and lawsuit deadlines a ticket contract is allowed to set, counted from your injury date, and how many days are left. Your own contract controls the real dates.

The Forum Clause Is Not a Suggestion

Because the major cruise lines are headquartered in South Florida, their contracts generally require passenger suits to be filed in a specific court here, no matter where the passenger lives or where the injury occurred. A passenger from Ohio who files in Ohio, or a passenger who files in Florida state court when the contract requires federal court, will typically see the case dismissed. If the filing deadline has passed by the time the case is dismissed, there is often no second chance. This is one of the ways cruise cases differ from any other injury claim, and one of the reasons a local maritime attorney matters.

What to Do in the First 72 Hours

• Get treated on board and document it. The ship's medical center creates records you will need. Ask how to obtain copies.
• Report the incident to ship security or guest services and insist on an incident report. Get the report number or a copy if the ship allows.
• Photograph everything. The hazard, the location, lighting, warning signs or their absence, your injuries, and your footwear.
• Collect witness information. Fellow passengers scatter to a dozen states and several countries the day the ship docks. Names and phone numbers now are worth more than subpoenas later.
• Keep your booking documents, the ticket contract, and any communications from the cruise line. Do not sign releases or give recorded statements to the cruise line's claims department before speaking with an attorney.

Evidence the Cruise Line Controls

CCTV footage, maintenance logs, prior incident reports for the same location, crew statements, and weather and sea-state records all belong to the cruise line. Some of it is overwritten on short cycles. An attorney's preservation demand, sent early, is what keeps that evidence from disappearing before anyone asks for it.

Crimes at Sea, Including Sexual Assault

Not every cruise claim is a slip on a wet deck. Assaults by crew or other passengers, including sexual assault, give rise to civil claims against the cruise line for failing to protect passengers, and these cases carry their own reporting steps and evidentiary urgency. If you or a family member were assaulted on a cruise, report it to ship security and to law enforcement as soon as possible, seek medical care, and speak to an attorney who handles maritime cases. These claims are also subject to the ticket contract's deadlines.

How Fees Work in a Cruise Injury Case

Scheer Legal handles passenger injury claims on a contingency fee: the attorney's fee is a percentage of any recovery and is owed only if we recover for you. Costs and expenses (medical records, expert witnesses, filing fees) are separate from the attorney's fee, and how they are handled is spelled out in writing in the engagement agreement before you sign anything. The initial consultation is free. We would rather you understand the numbers before you decide than be surprised after.

Frequently Asked Questions

How long do I have to sue a cruise line for an injury?

Not as long as Florida's general two-year negligence period. The ticket contract sets a written-notice deadline and a filing deadline, and courts enforce them. Have a maritime attorney read your specific contract immediately after the injury.

Does Florida law apply to an injury on a cruise that left from Miami or Fort Lauderdale?

Usually not in the way people expect. Federal general maritime law and the ticket contract's choice-of-law and forum-selection clauses generally govern, even for a roundtrip Florida cruise with foreign port stops.

Where do I have to file a cruise ship injury lawsuit?

Wherever the forum-selection clause in your ticket contract says. For the major South Florida cruise lines, that generally means a specific court here. Filing elsewhere usually results in dismissal.

How do fees work for a cruise ship injury case?

Contingency: the attorney's fee comes out of the recovery, only if there is one. Costs and expenses are explained in writing before engagement. Consultations are free.

Scheer Legal practices maritime law and vessel injury law from South Florida, the home port of the cruise industry. If you were hurt on a cruise, contact us now, with your ticket contract if you have it, and we will map your actual deadlines against your actual documents.

This article is general legal information, not legal advice about your specific situation. Ticket contract terms vary by cruise line and change over time; the description of Carnival's contract reflects the version published on Carnival's website at the time of writing.