WHAT IS THE STATUTE OF LIMITATIONS FOR A CRUISE SHIP INJURY CASE
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FRANK D. BUTLER is an attorney in the State of Florida for the past 22 years and is licensed in every Court in Florida, including all state and federal courts. Frank is an avid outdoor enthusiast and represents people injured in boating accidents and cruise ship injuries. You should be careful to hire an attorney who knows the issues specific to cruise ship cases and boating accidents.

I grew up in Florida and have been around the boating and marine industry my entire life. I have filed suit against all of the cruiselines that operate in Florida and have successfully handled boating cases throughout Florida. It’s what we do. Maritime law is very complex and you need to make sure that the attorney you choose has experience in handling these types of cases.

Many attorneys advertise for boating injury and cruise ship cases. See our “Very Important Information” under the Cruise Ship button and our “10 Things You Need To Know” under the Boating Accidents button. If the attorney you are considering cannot answer these questions, you should consider whether they actually handle these types of cases.
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Why would an attorney just advertise for boating or cruise cases if they do not handle them? First, an attorney can refer your case to a maritime attorney and collect a referral fee. Second, an attorney can try to handle your boating or cruise ship claim even if they have never handled one at all. At our law firm we do not handle real estate law, bankruptcy, divorces, contracts, criminal law, probate, tax matters, medical malpractice, etc.

Your consultation with us is at absolutely no charge to you. There are no fees and no costs to you unless we win your case. See our Cruise Ship button and Boating Accidents button for very important information you should know regarding your claim. Maritime law imposes shorter statutes of limitation than most state courts.


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WHAT IS THE STATUTE OF LIMITATIONS FOR A CRUISE SHIP INJURY CASE

WHAT IS THE STATUTE OF LIMITATIONS FOR A CRUISE SHIP INJURY CASE

For most passenger injury cases it is one year. For the three major cruise lines, Carnival Cruise Lines, Royal Caribbean, and Norwegian it is a one-year statute of limitations. This can vary based upon the ticket (i.e., the contract between the passenger and cruise line), where the cruise originated, and whether the case involved a minor. 

WHERE DO I HAVE TO FILE SUIT AGAINST A CRUISE LINE  

It depends upon the ticket (i.e., the contract between the passenger and cruise line). For cruises leaving a U.S. port, in general, for cruise ship injury cases against Carnival Cruise Lines, Royal Caribbean, and Norwegian, those suits must be filed in Miami, Florida. For Holland America, it is Seattle, Washington. For Princess Cruise Lines it is California. The U.S. Congress allowed, and the U.S. Supreme Court agrees it is legal, for the cruise lines to impose “forum selection clauses” into their tickets to force cruise ship injury passengers to have to file suit in locations selected by the cruise lines. This is one reason why it is important to know the contents of your cruise ticket. Some cruise tickets require suit to be filed in Europe for certain cruises. Those cruise injury cases filed in Europe can have recovery limitations placed upon them. 

This is also why it is important to have a Florida-licensed attorney if you have a claim against Carnival Cruise Lines, Royal Caribbean, or Norwegian. An out-of-state lawyer is not able to file suit in Florida if not licensed in the State of Florida. Cruise lines can easily view who is licensed in Florida and who is not. That information is right on the Florida Bar website. 

DO I HAVE TO GIVE THE CRUISE LINES NOTICE OF MY INJURY CLAIM

Yes. In the ticket (the contract between the cruise line and the passenger) there is a provision which requires an injured cruise ship passenger to give notice within a certain time period of the passenger’s intent to make an injury claim. It is important to check the ticket (the contract) which governs your case. Most major cruise lines use a six-month notice deadline—but check the ticket contract that governs your situation. Each cruise line uses a different notice requirement. Check the ticket for specifics. The ticket language usually indicates that a “notice” of injury must be in writing. If notification of the injury was done on-board the vessel an argument could possibly be made that written notice was given; however, an injured cruise ship passenger should not leave that to chance. Provide a written notice of your injury claim within the time stated in your ticket. Detail how the incident occurred, where the incident occurred, and what you believe the cruise line did wrong. It is best to consult a cruise ship attorney as soon as possible on these types of cases. These cases are not governed by the same laws as automobile accidents or dogbite cases. Claims have to be filed in certain places only, within shortened time frames, and mostly in federal court. Select your attorney wisely. 

Boating Accidents In Florida | 888boatlaw.com

WHAT IS THE STATUTE OF LIMITATIONS FOR A CRUISE SHIP INJURY CASE

For most passenger injury cases it is one year. For the three major cruise lines, Carnival Cruise Lines, Royal Caribbean, and Norwegian it is a one-year statute of limitations. This can vary based upon the ticket (i.e., the contract between the passenger and cruise line), where the cruise originated, and whether the case involved a minor. 

WHERE DO I HAVE TO FILE SUIT AGAINST A CRUISE LINE  

It depends upon the ticket (i.e., the contract between the passenger and cruise line). For cruises leaving a U.S. port, in general, for cruise ship injury cases against Carnival Cruise Lines, Royal Caribbean, and Norwegian, those suits must be filed in Miami, Florida. For Holland America, it is Seattle, Washington. For Princess Cruise Lines it is California. The U.S. Congress allowed, and the U.S. Supreme Court agrees it is legal, for the cruise lines to impose “forum selection clauses” into their tickets to force cruise ship injury passengers to have to file suit in locations selected by the cruise lines. This is one reason why it is important to know the contents of your cruise ticket. Some cruise tickets require suit to be filed in Europe for certain cruises. Those cruise injury cases filed in Europe can have recovery limitations placed upon them. 

This is also why it is important to have a Florida-licensed attorney if you have a claim against Carnival Cruise Lines, Royal Caribbean, or Norwegian. An out-of-state lawyer is not able to file suit in Florida if not licensed in the State of Florida. Cruise lines can easily view who is licensed in Florida and who is not. That information is right on the Florida Bar website. 

DO I HAVE TO GIVE THE CRUISE LINES NOTICE OF MY INJURY CLAIM

Yes. In the ticket (the contract between the cruise line and the passenger) there is a provision which requires an injured cruise ship passenger to give notice within a certain time period of the passenger’s intent to make an injury claim. It is important to check the ticket (the contract) which governs your case. Most major cruise lines use a six-month notice deadline—but check the ticket contract that governs your situation. Each cruise line uses a different notice requirement. Check the ticket for specifics. The ticket language usually indicates that a “notice” of injury must be in writing. If notification of the injury was done on-board the vessel an argument could possibly be made that written notice was given; however, an injured cruise ship passenger should not leave that to chance. Provide a written notice of your injury claim within the time stated in your ticket. Detail how the incident occurred, where the incident occurred, and what you believe the cruise line did wrong. It is best to consult a cruise ship attorney as soon as possible on these types of cases. These cases are not governed by the same laws as automobile accidents or dogbite cases. Claims have to be filed in certain places only, within shortened time frames, and mostly in federal court. Select your attorney wisely. 

By : Butler Boating Accident & Injury Lawyer | December 1, 2020 | Boating Accidents