If you have suffered an injury or illness while on a cruise ship, you could be eligible to make a cruise ship accident claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Cruise Ship Accident Claims
Cruise ship holidays are supposed to be fun, relaxing and exciting. However, when adequate safety measures are not in place, accidents can occur, which can result in various injuries and even cut your holiday short. In such cases, you may be eligible to make a cruise ship accident claim.
The most common accidents on a cruise ship include slips, trips and falls, swimming pool accidents and food poisoning. If the cruise ship owner or operator breached their duty of care towards you, they may be liable to compensate you for your pain, suffering and related financial losses.
To find out if you can make a cruise ship compensation claim, call 0800 470 0472 or request a call back to receive a free consultation with a friendly legal adviser.
Key points about cruise ship accident claims
- Eligibility: You may be able to claim if you were injured while on a cruise due to poor maintenance or safety failings.
- Operator Duties: Cruise companies must take reasonable steps to ensure passenger safety throughout the journey.
- Time Limit: Claims under the Athens Convention must usually be made within 2 years of the accident or the date of disembarkation, depending on the circumstances of the case.
- Compensation: May include holiday disruption, injury-related costs, medical bills, and emotional distress.
- No Win, No Fee: Your solicitor will act on a no win, no fee basis — you’ll only pay a fee if your cruise accident claim is successful.
Table of Contents
Can I make a cruise ship accident claim?
Yes, you may be entitled to compensation if you were injured in a cruise ship accident or became ill due to someone else’s negligence.
To assess your eligibility, you should contact a specialist personal injury solicitor as soon as possible. They will ask you questions about your circumstances and let you know whether you are eligible to make a cruise ship accident claim.
As a general rule, you should have a valid claim for compensation if:
- The cruise ship staff or operator breached their duty of care towards you.
- As a result, you suffered an accident or illness, such as cruise ship food poisoning.
- This caused you pain, suffering and financial losses.
- Your accident took place within the last two years.
If you are thinking of making a cruise ship accident claim, you should be aware of the most common mistakes claimants make:
- Failing to read and understand the terms and conditions of your cruise ticket.
- Failing to report the accident to the ship crew immediately after its occurrence.
- Not seeking proper medical care.
- Settling for less than your cruise ship illness claim might be worth.
Who is responsible for cruise ship accidents?
Depending on the circumstances of your accident, you may be able to file your cruise ship claim against the following:
- The cruise line company.
- The owner of a cruise ship.
- The company that chartered the cruise liner.
- The company that operated the cruise ship.
- The tour operator or holiday company that sold you the ticket.
Usually, your passenger ticket stipulates the terms and conditions of your trip and lists important cruise ship accident claim information. For example, you may not be able to take legal action if:
- You tripped or fell due to drinking too much alcohol.
- You did not follow the proper safety instructions.
- You provoked another passenger who assaulted you.
- You were fooling around in an area that was off-limits to passengers.
A solicitor experienced in pursuing cruise ship accident claims will help establish liability and gather evidence to seek the compensation you may be entitled to for your pain and suffering.
What is the Athens Convention 1974?
Accidents do happen at sea, and there are several ways in which you could be injured. As cruise ships often travel in international waters, you will not necessarily be protected by UK laws. Instead, cruise ship accident claims are often made under the Athens Convention.
The Athens Convention is an agreement between many nations to make claims for accidents at sea easier. It establishes liability for damage suffered by passengers and requires carriers to have insurance to cover personal injuries to staff and other members of the public.
The Convention does not apply to domestic cruises around the British Islands or Scotland. For the Convention to apply, your journey must meet one of the following criteria:
- The ship’s port of departure and destination are different.
- The ship’s port of departure and destination are the same, but there is a port of call in a foreign country.
When making a cruise ship illness claim under the Athens Convention, your case may be heard in the country that is most appropriate under the Convention’s jurisdiction rules. If you live in the UK, you may be able to pursue compensation here, even if your cruise departed from another country.
How long do I have to claim for a cruise ship accident?
Unlike many other personal injury claims, there is generally a two-year time limit to start cruise ship accident claims under the Athens Convention. The time usually begins to run from the date the injured person gets off the ship.
It is important to note that the Limitation Act 1980 does not apply to the Athens Convention. This means that the time limit to make a cruise ship accident claim will still generally be two years, even if:
- The victim is a child under 18.
- The victim lacks the mental capacity to conduct legal proceedings.
- The victim passed away due to a fatal injury suffered on a cruise ship.
In any case, it is vital that you seek legal advice as soon as possible. This will allow your solicitor enough time to speak to witnesses, arrange for medical reports and collect supporting evidence to secure compensation for your cruise ship accident.
What should I do if I suffer an injury or illness on a cruise?
If you suffered an injury or contracted an illness on a cruise because of someone else’s negligence, you might be entitled to make a claim for personal injury compensation. There are several steps you should take that may help secure compensation if you decide to take legal action:
- Report the accident to the ship staff. Ask for a signed copy of the accident report form to prove when and where it happened.
- Seek immediate medical treatment on board and get further medical attention after returning home. Your medical records will help prove the extent of your injury and whether you suffered from medical negligence on board.
- Gather evidence, such as photographs of the accident scene, CCTV footage, and the names and contact details of any witnesses.
- Document all the financial losses and expenses you incurred due to the cruise ship food poisoning or accident.
- Keep a diary of how the accident occurred and how it affected your life and family.
Once you decide to start your claim, contact an expert cruise ship accident lawyer. They will assess the strength of your case and guide you through all the steps of the claims process.
How much compensation could I claim for a cruise ship illness or injury?
There is no set amount of compensation for injuries sustained on a cruise ship. Your settlement will depend on two types of damages that will be included in your claim:
General damages are awarded for the physical injury or illness and how it affected your life, taking into account the following:
- Physical pain and suffering.
- Emotional and psychological distress.
- Loss of amenities, including the inability to pursue a hobby or social event.
- Loss of enjoyment of your holiday.
- Reduced quality of life.
Special damages are awarded for any costs and financial losses incurred as a result of your accident, which could include:
- Lost wages during recovery.
- Loss of earning capacity if your injuries do not allow you to return to work.
- Medical expenses, such as hospitalisation and treatments.
- Care costs if you needed someone to support you whilst injured.
In England and Wales, the compensation for general damages is calculated according to the guidelines published by the Judicial College (18th Edition). Examples of potential compensation awards include:
| Injury Type | Description | Compensation |
|---|---|---|
| Ankle Injuries | A very severe ankle injury causing deformity and risk of future amputation | £66,000 - £92,000 |
| Back Injuries | Back injuries causing chronic conditions and permanent disabilities | £51,000 - £92,000 |
| Brain Damage | Brain damage with good recovery and return to work and social life, but possible ongoing concentration or memory issues | £20,000 - £57,000 |
| Lung Disease | Bronchitis and wheezing without serious symptoms and limited impact on work or social life | £27,000 - £41,000 |
| Wrist Injuries | A wrist injury causing some permanent disability, such as ongoing pain and stiffness | £17,000 - £32,000 |
| Arm Injuries | A simple forearm fracture | £8,700 - £25,000 |
| Digestive System | Serious food poisoning causing diarrhoea and vomiting for 2-4 weeks, with some ongoing issues for a few years | £13,000 - £25,000 |
| Hip And Pelvis Injuries | A hip or pelvis fracture or significant soft tissue injury with minimal or no long-term disability | £5,200 - £17,000 |
| Fractured Nose | A displaced nose fracture not requiring surgery, with complete recovery | £3,300 - £4,200 |
Can I make a No Win No Fee cruise ship accident claim?
Yes. If you suffered injuries in a cruise ship accident that wasn’t your fault and you have a valid compensation claim, you will receive a no win no fee agreement from our team of solicitors.
This service means that you do not have to pay a single penny upfront to make a claim for compensation, and you will not have to pay your solicitor’s fees if your claim is unsuccessful.
You only pay a success fee if and after you receive compensation. This fee is agreed upon from the beginning and capped at 25% of your payout for general damages and past financial losses.
What are the main types of cruise ship injury claims?
Sea travel and cruise ships are generally safe, and serious accidents are rare. However, incidents can sometimes happen, and some of the most common causes for claiming injury compensation include:
- Slips, trips, and falls on deck or while embarking and disembarking due to slippery surfaces, missing handrails, and other preventable hazards.
- Swimming pool accidents can be caused by defective steps leading into the pool, slippery surfaces, broken tiles, chemical burns or water contaminants.
- Injuries suffered during recreational activities or excursions arranged by the cruise company.
- Collisions with other vessels or objects at sea or in ports.
- Fires are usually the result of equipment malfunctions or neglect of safety protocols, and can cause severe burns, scars and disfigurement to passengers.
- Burns and scalds from the negligent service of hot food and drink.
- Injuries caused by defective equipment, such as malfunctioning elevators or escalators.
- Physical and sexual assaults by crew members or other guests, which can cause the victim both physical injuries and long-term psychological trauma.
- Food poisoning, allergic reactions and other illnesses such as Legionnaires’ disease caused by poor hygiene standards and lack of proper inspections and maintenance.
- Fatal accidents due to overboard falls, drowning in ship pools, critical traumas, severe illness and other fatal injuries.
Can I claim for food poisoning on a cruise ship?
Yes. You may be able to make a personal injury claim if you fell ill while on a cruise ship due to negligence, such as poor food hygiene or preparation standards. Some of the most common reasons that may lead to a food poisoning claim include:
- The kitchen staff not washing their hands before cooking.
- Preparing food in an unsanitary environment.
- Not cooking the food at the right temperature or amount of time to kill germs.
- Using ingredients past their expiration date.
- Mixing cooked meat or vegetables with raw meat.
There are over 250 types of foodborne illnesses, but cruise ship outbreaks are most commonly linked to:
- Campylobacter – usually found in poultry, meat or unpasteurised milk, causes around 630,000 illnesses per year in the United Kingdom.
- Cyclospora – typically linked to raspberries, basil, snow peas and lettuce.
- Escherichia coli – found in meat, fruits, vegetables and on unwashed hands.
- Shigella – usually passed on through poor hygiene.
- Salmonella – found in meat, poultry, eggs and seafood is one of the top causes of food poisoning fatalities.
- Cryptosporidium – causes respiratory and gastrointestinal symptoms.
- Norovirus – found in fresh fruit and leafy greens that are not properly washed.
What should I do if I fall ill on a cruise?
If you suffered a foodborne illness after eating on board a cruise ship, there are several steps you should take:
- Seek immediate medical assistance from the ship’s doctor.
- Take photos to show the hygiene standards at the restaurant.
- Inform the cruise ship operator and your tour operator if you booked your cruise through a holiday company.
- Take the contact details of any other guests who got sick.
- Report your illness to the Food Standards Agency.
Can I claim for an accident while working on a cruise ship?
Yes. If you were injured or became ill while working on a cruise ship because your employer or another party was negligent, you may be entitled to make a workplace compensation claim.
Cruise ship staff members are entitled to fair treatment and a safe working environment. Employers owe their crew a duty of care and must provide a safe working environment, proper training, and adequate safety equipment.
If you suffered a cruise ship accident, your employer could be held responsible for your injuries if they failed to:
- Carry out risk assessments to identify hazards in the workplace.
- Follow or enforce safety measures.
- Take adequate measures in poor weather conditions.
- Provide you with proper protective clothing or equipment.
- Provide sufficient training and information on safety procedures.
- Make sure that the cruise ship is safe to operate.
- Carry out regular inspections and maintenance.
If you suffered any type of cruise ship accident or illness and you want to make a claim, call 0800 470 0472 or request a call back to receive a free consultation with a legal adviser. They will assess your case and advise you on your legal options.
