Is a Cruise Ship Liable if You Are Sexually Assaulted on Board?
If you were sexually assaulted on a cruise ship, you might be able to sue the company for damages, depending on the facts of your case.
Since cruise ship companies have a responsibility to passengers regarding their safety and security, they are sometimes liable for sexual assaults that take place on board. For example, if the company failed to background check an employee for previous acts of sexual violence, and that employee assaulted a passenger, the cruise ship company could be liable. There are many other situations where such companies are liable for victims’ damages due to sexual assaults. To sue a cruise ship for an assault, you will have to file within the statute of limitations. This will differ, depending on the case its jurisdiction. You will also need evidence, which is why reporting the assault and getting medical care will be important. Our lawyers can help you keep track of all losses, financial and emotional, caused by the assault so that we can recover appropriate compensation in your case.
For help with your case from our cruise ship sexual assault lawyers, call Rivkind Margulies & Rivkind, P.A. now at (305) 204-5369.
Are Cruise Ships Liable for Onboard Sexual Assaults?
Cruise ship companies owe a duty of care to passengers to maintain reasonably safe and secure environments. Certain actions or inactions might make a cruise ship company liable for a sexual assault that takes place on the vessel.
This might be the case in various situations. For example, if the company failed to thoroughly background check employees, leading to a sexual assault, the company could be liable. Or, if the company failed to maintain reasonable security measures, it could be responsible for your damages caused by a sexual assault.
The Cruise Vessel Security and Safety Act (CVSSA) dictates how cruise companies should handle sexual assaults when they are reported. Furthermore, according to the CVSSA, cruise ships are required to maintain surveillance systems to deter sexual assaults and other crimes from taking place. Cruises are also required to provide adequate medical care to victims of sexual assault on board under the CVSSA. Cruise ships then have to log and report instances of sexual assault to the FBI. Failing to have security measures in place that might deter assaults might be deemed negligent, making the cruise ship company liable.
Even if the company did not necessarily act negligently, it could be liable for the actions of its employees because of vicarious liability. Our lawyers will investigate your case to determine if you can hold the company accountable for your damages.
How to Hold a Cruise Ship Liable for a Sexual Assault on Board
Any time you are filing a lawsuit against a company, like a cruise ship, it is important to have a strong case capable of meeting the standard of proof so that you can recover the compensation you deserve. To hold a cruise ship liable for an onboard sexual assault, you will have to build evidence and file your claim on time.
Build Evidence
Under the CVSSA, cruise ships are required to provide copies of security footage to law enforcement upon request. If the cruise ship does not willingly give us video footage showing your assault, we can subpoena it. If security footage does not exist, we will use other evidence, like your medical records. While cruise ships are required to have medical staff on board capable of providing sexual assault victims with the care they need, you should seek additional care once you dock at the nearest port. This can allow you to generate additional medical records regarding the assault and any physical injuries you sustained. Evidence in sexual assault cases is not always ample, and the fact that the attack occurred on a cruise ship could make gathering evidence that much harder. Because of that, it will be important to contact our lawyers and begin preparing your claim as soon as possible following a sexual assault on a cruise.
File on Time
Filing a sexual assault lawsuit against a cruise ship is only possible when you bring your case by the deadline to sue. This might differ depending on the location of the sexual assault and the cruise ship in question. Often, cruises require victims to file lawsuits in specific jurisdictions. For example, if your cruise departed from Florida, you might have to bring your claim there. Our cruise ship personal injury lawyers can examine the stipulations listed in your passenger ticket to confirm the statute of limitations that applies to your case. We can then help you file your lawsuit on time so that you are not barred from recovery against a negligent cruise ship company.
What Damages Are Cruise Ships Liable for in Sexual Assault Lawsuits?
If you sue a cruise ship company for a recent onboard sexual assault, you can recover damages for various losses related to the experience. This can allow you to get the compensation you need to heal and move forward.
Sexual assaults can cause mental and emotional turmoil that prevents a victim from returning to work or being able to engage in activities they once enjoyed. This can lead to compensation for a victim’s lost wages and their pain and suffering. If you sustained any physical injuries because of the sexual assault, you can recover compensation for medical expenses related to the treatment of those injuries.
If the cruise ship company was grossly negligent, leading to your sexual assault, you might be able to recover punitive damages as well. Punitive damages are awarded by juries to punish defendants for their extremely reckless conduct. Our lawyers can prepare and present proof of your economic and non-economic damages so that you have a greater chance of recovery following a sexual assault on a cruise.
Call Our Lawyers to Discuss Your Claim Against a Cruise Ship Today
Call the maritime lawyers of Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 to get a free case review.
